Glaxo Group Limited v. Dowelhurst Limited and Swingward Limited

Court

European Court of Justice

Our Position

A parallel importer should be entitled to make only the minimum changes to the packaging necessary to maintain the principle of the free movement of goods. Changes to packaging should not be permitted to damage the assurance of quality or the brand image of the trademark owner.

Outcome

The Court held that a trademark owner may rely on its trademark rights to prevent a parallel importer from repackaging pharmaceutical products unless the exercise of those rights contributes to a restriction of trade.

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