Orifarm A/S and Others and Paranova Danmark A/S and Paranova Pack A/S v Merck Sharp & Dohme Corp. and Merck Sharp & Dohme BV and Merck Sharp & Dohme (C-400/09, C-207/10)

Judgment of 28 Jul 2011

law://eu/cjeu/2009/c-400-09/para_26@2026-11-12

26However, it has also held that the conclusion that the proprietor may not rely on the rights conferred by the trade mark in order to oppose the marketing under his trade mark of products repackaged by an importer amounts to conferring on the importer certain rights which in normal circumstances are reserved for the trade mark proprietor himself. Consequently, in the interests of the proprietor as owner of the trade mark, and to protect him against any misuse, those rights must be recognised only in so far as the importer also complies with a number of other requirements (see, to that effect, Bristol-Myers Squibb and Others, paragraphs 68 and 69, and MPA Pharma, paragraphs 40 and 41).

Orifarm A/S and Others and Paranova Danmark A/S and Paranova Pack A/S v Merck Sharp & Dohme Corp. and Merck Sharp & Dohme BV and Merck Sharp & Dohme (C-400/09, C-207/10)

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