Amicus Brief

Paranova A/S v Merck & Co., Inc, Merck, Sharp & Dohme B.V. and MSD (Norge) A/S

Published: January 1, 2003

Court

European Free Trade Association Court

Our Position

INTA argued that a trademark proprietor has legitimate reasons to object to repackaging by a parallel importer where a connection to the parallel importer and damage to the trademark could be established.

Outcome

The court held that legitimate reasons to object to repackaging of pharmaceutical products may exist where changes to packaging are liable to damage the trademark’s reputation.

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