Parallel Importer

Parallel importer – the European Pharma Case. It’s been a long time coming, but I’ve finally got round to reviewing this important appeal judgment for parallel importers. I had actually prepared the notes for this article at the beginning of March 2015, however being gratefully inundated with work, I’ve only found the time, on a Saturday in April to finish the job. So here goes! The judgment this article reviews is in the case of – Speciality European Pharma Ltd Claimant/Respondent v. (1) Doncaster Pharmaceutical Comp Ltd (2) Madaus GMBH Defendant/Respondent – Appeal Judgment 06/02/2015. The case concerns the free movement of goods and services within the European Union (EU) and the potential of brand owners to use trade mark law to prohibit imports.

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Trademark reputation

Trademark reputation is one of the most important elements of trademark law because so many cases are essentially about proving it. Although judgment was handed down as long ago as the 06 February 2014, the preliminary ruling of the court of Justice of the European Communities relevant to trademark reputation, following a request from the Hoge Raad der Nederlanden (Netherlands), in the case of Leidseplein Beheer BV, v Red Bull GmbH [2014] EUECJ C-65/12, is worth reviewing. Particularly in light of the relevance of our article on trademark surveys.

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Sponsorship Agreements

Sponsorship Agreements

Sponsorship Agreements – basic guide to sponsorship agreements

Sponsorship is an associative marketing tool. It is defined by the International Chamber of Commerce as:

“Any commercial agreement by which a sponsor, for the mutual benefit of the sponsor and sponsored party, contractually provides financing or other support in order to establish an association between the sponsor’s image, brands or products and a sponsorship property in return for rights to promote this association and/or for the granting of certain agreed direct or indirect benefits.”

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Brands

From the beginning of modern European civilization the names of royals, aristocrats & politicians, have embodied a heightened perception of honour, importance and/or sense of purpose. Heroes like Alexander, became known as Alexander the Great, and instead of the less noble sounding name of Robert the Devil, Robert I, was popularly known as Robert the Magnificent. In turn Robert`s son was later known as William the Conqueror, as opposed to the less attractive name of William the Bastard. Celebrities now include female & male entertainers, as well as royals, aristocrats & politicians, reflecting the dramatic political, social and economic change of the twentieth century.

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