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Parallel Imports

K&L Gates LLP

The European Commission Sends Strong Signal Against Parallel Import Restrictions

K&L Gates LLP on

On 23 May 2024, the European Commission (Commission) imposed a €337.5 million fine to one of the world’s leading manufacturers of chocolate, biscuits, and coffee products for restricting cross-border trade in these product...more

Braumiller Law Group, PLLC

Braumiller Law Group & Braumiller Consulting Group February 2024 newsletter

Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding...

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more

Jones Day

EU Anti-Counterfeit Regulation Does Not per se Allow Repackaging of Parallel Imported or Parallel Traded Pharmaceuticals

Jones Day on

In Short - The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more

MoFo Life Sciences

Relabeling vs. Repackaging: CJEU Backs Drug Manufacturers’ Position Against Parallel Importers

MoFo Life Sciences on

In two recent landmark decisions, Novartis v. Abacus (C‑147/20) and Bayer v. kohlpharma (C-204/20), the Court of Justice of the European Union (CJEU) strengthened the position of drug manufacturers against repackaging...more

King & Spalding

Goodbye Reboxing! European Court of Justice Restricts Parallel Imports of Medicines

King & Spalding on

On November 17, 2022, the Court of Justice of the European Union (CJEU) found in its latest principal judgment (Novartis v. Abacus, case file C-147/20) that the reboxing of parallel imported medicines in the European Union...more

A&O Shearman

Parallel imports of repackaged medicinal products – when can brand owners oppose?

A&O Shearman on

Three cases handed down on 17 November 2022 by the EU’s highest court shed important light on the ability of brand owners to oppose the repackaging of medicinal products, particularly where anti-tampering devices are replaced...more

Blank Rome LLP

What Trademark Holders Should Know About Russia's Authorization of Parallel Imports

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The Russian government has issued regulations authorizing importation into Russia of specified luxury items without the consent of the relevant trademark owners, in an apparent effort to circumvent Western sanctions...more

A&O Shearman

EU – Parallel trade in the life sciences sector – Q&A

A&O Shearman on

On Tuesday, 26 January 2021, Allen&Overy (Belgium) LLP hosted a webinar on the key developments in parallel trade of pharmaceuticals in 2020. In this blog post, we discuss a few key topics and questions raised by the...more

Hogan Lovells

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

Hogan Lovells on

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...more

Hogan Lovells

The European Commission Is Considering Opening an Antitrust Probe for Parallel Imports in the Pharmaceutical Sector

Hogan Lovells on

The European Commission is looking into several parallel imports cases, including in the life sciences industry, with a view to opening formal antitrust investigations, which may eventually lead to fines being imposed....more

Jones Day

Medical Devices Repackaging and Parallel Imports: A "No-No" from the Milan Court

Jones Day on

The Situation: In a recent hallmark case, the Court of Milan ruled on the viability of medical devices parallel imports, where the parallel importer repackaged the devices and the device rightholder opposed any such...more

K&L Gates LLP

Change is Coming to Australian Parallel Importation law – What do you Need to Know?

K&L Gates LLP on

Trade mark holders may need to reassess their commercial and international marketing strategies as the proposed amendments to the parallel importation provisions of the Trade Marks Act 1995 (Cth) (Act) take a step closer to...more

Foley Hoag LLP - Making Your Mark

. . . And Your Name Is? Court Orders Anonymous Parallel Importer To Reveal Itself In “Lever Rule” Trademark Challenge

We recently hosted an event at the firm where we discussed legal issues concerning parallel imports in the transportation industry, so a recent decision by the U.S. Court of International Trade discussing “Lever Rule”...more

Foley Hoag LLP - Making Your Mark

A Difference With A Distinction: The Second Circuit Upholds Preliminary Injunction In Parallel Imports Case

In Abbott Laboratories, et al. v. H&H Wholesale Services, Inc., et al., the United States Court of Appeals for the Second Circuit affirmed a preliminary injunction issued in a trademark case focused on the parallel...more

Foley Hoag LLP - Trademark, Copyright &...

Hey, These Japanese Mushrooms Aren’t Organic: The Ninth Circuit Addresses the Material Difference Standard in Relation to Produce...

The Ninth Circuit recently issued a decision upholding the lower court’s finding at summary judgment that a U.S. importer of branded, gray market mushrooms infringed upon the rights of the U.S. trademark owner. Gray-market...more

King & Spalding

TRANSACTIONAL: Upstream Developments – Latin America: Foreign Exchange Controls in Venezuela Strangle Parts of Energy Sector

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Introduction – Upstream Players -- In February 2013, after devaluating the official exchange rate of the Venezuelan Bolivar from VEB 4.3 to 6.3 per USD, the Venezuelan government set up the Complementary System of...more

Snell & Wilmer

Parallel Imports and the First Sale Doctrine

Snell & Wilmer on

Reprinted and/or posted with the permission of Daily Journal Corp. (2011). Under the “first sale” or “exhaustion” doctrine in intellectual property law, a lawful purchaser of a copyrighted, patented or trademarked...more

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