Gowling WLG on 24th May published an article which says that the Court of Justice of the European Union (CJEU) has issued a ruling clarifying what you can, and cannot, do if you wish to import goods from one Member State of the EU to another.  In summary, it has ruled that the trademark owner cannot oppose the further commercialisation of a medical device in its original internal and external packaging even where an additional label has been added by a parallel importer in certain circumstances.  These are where, by its content, function, size, presentation and placement, the added label does not give rise to a risk to the guarantee of origin of the medical device bearing the trademark.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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