Amicus Brief

Joint Cases C-253/20 Novartis AG v. Impexeco NV and C-254/20 Novartis AG v. PI Pharma NV

Published: September 28, 2020


Court of Justice of the European Union

Our Position

The trademark rights in relation to the trademark of the original product are not exhausted when use of that trademark is made on the generic product. Since paragraph 1 of Article 15 of the EUTMR does not apply, as the rights are not exhausted in the cases at issue, there is no reason to examine its exception (paragraph 2) and the interpretation of Articles 34-36 TFEU and the BMS criteria.