Header graphic for print
LimeGreenIP News

Tag Archives: parallel imports

No Deal Brexit and Exhaustion of Rights

On 28 November 2018, the UK government published a draft version of a statutory instrument (Exhaustion of Rights SI), and explanatory memorandum, which together explain the changes which will be made to UK intellectual property law relating to exhaustion of rights, in the event of a no-deal Brexit. The purpose of the SI is to

Italy: Parallel imports – When a name change is a game changer.

The Administrative Court of Lazio (“TAR Lazio”) decided with judgment No. 09050 of 3 July 2018 (but published only few days ago) that, as a rule, the parallel importer does not have a right to change the trademark affixed on the product purchased in the country of origin in order to use a different trademark

Asia IP webinar series: The recordings so far…

We are running a series of webinars to help you stay up to date with Intellectual Property news and developments in the Asia Pacific region.  So far we have held webinars on the areas listed below. If you were unable to attend live, the recorded version of these webinars can be accessed at the sign-up links: Parallel imports: Good,

Asia IP Webinar – Parallel imports: Good, bad or ugly?

Parallel imports may trigger controversial IP issues across the world and can be a headache for brand owners if not addressed strategically. In this webinar, our team of IP lawyers from our Shanghai, Beijing, Hong Kong, Tokyo and Ho Chi Minh City offices will: provide an overview of the situation in China, Hong Kong, Japan and

Russian Constitutional Court comments on parallel import issues

On 13 February 2018 the Russian Constitutional Court checked the compliance of the following provisions of Russian Civil Code (the “CCR“) related to parallel import with the Constitution of Russia: Clause 2 of Article 1252 of the CCR on interim remedies applicable to trademark infringements; Article 1487 of the CCR establishing the national exhaustion of

Combatting illegal pharma trade – IP enforcement brochure

We are delighted to announce the launch of our Combatting illegal pharma trade enforcement guide. This publication is a pharmaceutical industry-specific brochure which complements our suite of brand and trademark protection and enforcement guides (Integrated IP Enforcement in Europe and Global Brand Protection). This guide analyses the challenges facing the pharmaceutical industry with a focus on the international black market on one

Italy: Trademark exhaustion in parallel imports – A question of venue and owner consent in the State of importation.

By order issued on October 17, 2016, the Court of Milan ruled on exhaustion of trademark rights and on the activities preliminary to the commercialisation that may amount to trademark infringement. The decision centred upon the purchase of imported products from the owner in the State of importation and assigning the court having venue where

CJEU Judgment on Merck Canada Inc. & Merck Sharp & Dohme Ltd v Sigma Pharmaceuticals plc, Case C-539/13, 12 February 2015

Luxembourg: CJEU decision delivered on the Specific Mechanism (C-539/13) Summary of Decision The CJEU has recently clarified when patent and SPC rights can be relied on under the Specific Mechanism to prevent parallel imports within the EU. The holder or beneficiary of the patent/SPC is free to rely on such rights to prevent importation and