- In brief: Unusual trade mark dispute relating to intra EU pharmaceutical imports (Flynn Pharma Ltd v Drugsrus Ltd)
- Original news
- What should IP & IT lawyers take note of?
- What was this case about?
- What did the court decide?
IP & IT analysis: Bonita Trimmer, associate at Browne Jacobson LLP, considers the case of Flynn Pharma Ltd v Drugsrus Ltd and another  EWCA Civ 226, in which the defendants wished to import into and sell in the UK a drug which was manufactured and sold elsewhere in the EU, which the claimant argued was a threat to infringe its trade mark. The defendants argued that allowing the claimant to assert its trade mark rights in such a manner would amount to a disguised restriction on trade between EU Member States contrary to the free movement provisions of the Treaty on the Functioning of the European Union. The Court of Appeal held in favour of the claimant.
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