Amicus Brief

Joint cases C-147/20, Novartis Pharma GmbH v. Abacus Medicine A/S and C-224/20, Merck Sharp & Dohme B.V. et al. v. Abacus Medicine A/S et al.

Published: October 23, 2020

Court

Court of Justice of the European Union

Our Position

A trademark owner may oppose further commercialization of a medicinal product which a parallel importer has repackaged in new external packaging to which the trademark has been reaffixed, where the importer is able to achieve packaging which may be marketed and gain effective access to the market of the Member State of importation in accordance with Article 47(a) of the Falsified Medicines Directive and Article 16 of the Delegated Regulation.

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