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Can a Parallel Importer Rebrand Pharmaceutical Products in the EU?

Can a Parallel Importer Rebrand Pharmaceutical Products in the EU? AbstractThe European Union has established the free movement of goods, which covers the parallel import of goods in the EU. However, the free movement of goods should not infringe on the rights of trade mark owners. In some cases, parallel importer needs not only to repackage but also to rebrand pharmaceutical products. ECJ has stated that rebranding is permissible if objective necessity to rebrand exists. But it is the national court that has to determine what objective necessity is. This paper analyses the decisions of EU Member States. In some cases, objective necessity has been determined on similar grounds. However, in other cases, a necessity to enter some part of the market has been evaluated differently in different Member States. The different evaluation of the necessity criterion could be treated as the infringement of uniform application of the free movement of goods in the EU. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Journal of European Studies de Gruyter

Can a Parallel Importer Rebrand Pharmaceutical Products in the EU?

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Publisher
de Gruyter
Copyright
© 2019 Jurgita Grigienė et al., published by Sciendo
ISSN
2228-0596
eISSN
2228-0596
DOI
10.1515/bjes-2019-0004
Publisher site
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Abstract

AbstractThe European Union has established the free movement of goods, which covers the parallel import of goods in the EU. However, the free movement of goods should not infringe on the rights of trade mark owners. In some cases, parallel importer needs not only to repackage but also to rebrand pharmaceutical products. ECJ has stated that rebranding is permissible if objective necessity to rebrand exists. But it is the national court that has to determine what objective necessity is. This paper analyses the decisions of EU Member States. In some cases, objective necessity has been determined on similar grounds. However, in other cases, a necessity to enter some part of the market has been evaluated differently in different Member States. The different evaluation of the necessity criterion could be treated as the infringement of uniform application of the free movement of goods in the EU.

Journal

Baltic Journal of European Studies – de Gruyter

Published: Jun 1, 2019

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