The recent decision in Speciality European Pharma v Doncaster Pharmaceuticals illustrates the difficulties faced by trademark owners in the pharmaceutical industry when competing with parallel importers from within the European Union. In light of UK dispensing practice and the realities of parallel importation, in order to access a product market, parallel importers usually need to re-label their products using a registered trademark. This appears to leave rights holders with few options to protect their market share against parallel importers.
Alex Wilson and Dennis Waller discuss the decision and what lies ahead of rights holders. For the full text, first published by International Law Office, please click here.