ECJ hands down judgment on pharmaceutical repackaging case

In C-276/05 Wellcome Foundation v Paranova, the ECJ revisited the area of pharmaceutical repackaging. In particular, it considered what information a parallel importer must give to a trade mark proprietor when requested to do so by the proprietor. Furthermore, it confirmed the effect of Boehringer (No.2) by rulling that judicial consideration of the type of repackaging is only relevant for the purpose of determining whether the repackaging is liable to damage the reputation of the trade mark. See the Trade Marks Chapter at para 3-191 and para. 3-198 for discussion in the book and in the Chapters section on this website.