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Limitations to freedom to import
Was an importer free to use the trademark owner’s mark where the trademark owner had no control over the product imported?
Our Intellectual Property team acted for a parallel importer who wished to utilise the trademark of a UK distributor in order to achieve market penetration for a product imported from a European Union state. The Court of Appeal held that the UK distributor had no control over the imported product. Consequently, the UK distributor had a legitimate interest in enforcing its mark against a product that it had itself not placed on the market, and even though the imported product was therapeutically identical to the UK distributor’s product, and produced by the same manufacturer.
Judgements and media
For academic and practice commentary on the case, see:
nipclaw.blogspot.com › 2015/11Parallel Imports – Flynn Pharma Ltd v Drugsrus Ltd – NIPC Law