Gloss to the Judgment of the Court of Justice of 17 November 2022, C‑224/20

Abstract

The commented judgment concerns the admissibility of repackaging medicinal products in parallel trade. It was issued in connection with new EU regulations aimed at counteracting the counterfeiting of such products. The Court examined how the regulations in question affect the scope of rights enjoyed by the owners of trademarks affixed to products, as well as the rights of entrepreneurs engaged in parallel trade.

Keywords

• free movement of goods
• intellectual property
• exhaustion of the rights conferred by a trademark
• parallel import of medicinal products