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Emilija Berzanskaite
14th January 2022
Consumer, Health & Environment Data, Tech & IP Internal Market

AG Szpunar Opinion on rights of proprietors of a trademark to oppose its use by a third party in the context of parallel trade in medicinal products

Advocate General Szpunar issued a common Opinion in three cases (not formally joined) Novartis Pharma (C-147/20), Bayer Intellectual Property (C-204/20), and Merck Sharp & Dohme and Others (C-224/20) (‘First Opinion’) and another Opinion in Impexeco and PI Pharma (joined cases C-253/20 and ​​C-254/20) (‘Second Opinion’). All cases concern the right of the proprietor of a trademark to oppose its use by a third party and requirements as regards the packaging of medicinal products for parallel traders.

The main legal question addressed in the First Opinion (available here) is whether the new rules on packaging and protection against counterfeiting of medicinal products introduced by Directive 2011/62 (amending Directive 2001/83/E


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