Legal News

Alert: Joint tortfeasance in passing off cases (Glaxo v Sandoz)

Published on: 06 April 2017
Published by: LexisPSL
  • Alert: Joint tortfeasance in passing off cases (Glaxo v Sandoz)
  • Original news

Article summary

IP & IT analysis: This is an appeal against the dismissal of Glaxo’s application to join Aeropharm GmbH and Hexal AG (both companies in the Sandoz group) as additional defendants to its claim for trade mark infringement and passing off, the trade mark claim not being relevant to the present appeal. The basis of Glaxo’s passing off claim is that the sale or promotion of Sandoz’s AirFluSal inhaler in the UK in the colour, get-up and packaging used amounts to passing off that product as being, or being equivalent to, Glaxo’s Accuhaler. The Court of Appeal allowed the appeal and ordered that Aeropharm and Hexal be joined as defendants. The Court of Appeal took a different view to both of the grounds on which the application had been dismissed at first instance. First, the court found that there was an adequate allegation of common design in relation to acts that Glaxo alleges amount to passing off to provide an arguable case that Aeropharm and Hexal are liable as joint tortfeasors with Sandoz UK. Second, the claim against Aeropharm and Hexal is not barred by limitation, despite the alleged acts having taken place more than six years ago, because the same limitation period should apply to the claim against them as to the claim against Sandoz UK. An In Brief analysis will follow in due course. or take a trial to read the full analysis.

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