It was arguable that an EMEA licence number on the packaging of the products in question operated as a sufficient consent under Article 7 to the placing of those products on the market in the EU. The ‘heart’ of the defences he was there considering ‘lies the fact that for all the world the products looked like those on the French home market’ and the case should go for trial.
Judges:
Lord Justice Tuckey Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob
Citations:
[2004] EWCA Civ 290, [2005] ETMR 104
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Roche Products Ltd and Another v Kent Pharmaceuticals Ltd CA 20-Dec-2006
The defendant appealed summary judgment in a trade mark infringement case based on parallel imports of ACCU-CHEK blood testing strips for diabetics. The defendant said that the products were ‘CE’ marked and therefore intended for sale within the EU. . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 10 June 2022; Ref: scu.194464