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EU Court Tentatively OK's Branded Drug Resale

Law360 (April 27, 2007, 12:00 AM EDT) -- Trademark owners cannot bar companies from reselling trademarked medicines as long as the packaging of such products conforms to certain conditions, Europe’s highest court has ruled.

The ruling came in a case involving so-called parallel trade companies Dowelhurst and Swingward (now Medihealth), which were sued in 1999 by a group of branded drug companies for alleged trademark infringement related to the repackaging of drugs they had marketed, Dow Jones reported.

European Court of Justice in Luxembourg said in its ruling that parallel trade companies—which purchase drugs...
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