Greece: Parallel imports ruling raises questions

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greece: Parallel imports ruling raises questions

In a recent case relating to a product (a medical device) that treats coughs, some interesting issues were raised regarding parallel imports, repackaging and unfair competition.

The Greek distributor of this product brought a preliminary injunction (PI) action against a parallel importer of the same product that was imported from another EU member state. The defendant had attached its name and a summary of useful information to a label on the package of the product and, additionally, it had inserted a leaflet within the package containing the product's critical information in the Greek language. The action was based on unfair competition rules rather than on trade mark law.

The PI judge ruled that there is no unfair competition on the part of the defendant as the information, either attached or inserted, was necessary for the product's launch on to the Greek market. However, the PI judge did not further consider whether the defendant's above-mentioned actions constitute "repackaging" as defined by the EU case law regarding exhaustion of trade mark rights.

According to the Greek unfair competition rules, any purposeful competitive act that runs contrary to public morals is prohibited. In that sense, if the defendant's above-mentioned acts were to be found to be an impermissible "repackaging", this might well mean that they constitute an act running contrary to public morals, even if trade mark protection is not directly invoked.

Notably, the PI judge dismissed the trade mark owner's intervention filed in favour of the claimant by ruling that the trade mark owner should have chosen a procedural remedy under which an independent protection against the defendant would have been sought.

It seems that this judgment is not free from difficulties, which are anyway frequently present in parallel imports cases. It is certain though that a coughing out ruling does not help legal clarity.

Manolis Metaxakis

Patrinos & Kilimiris

7, Hatziyianni Mexi Str.

GR-11528 Athens

Greece

Tel: +30210 7222906, 7222050

Fax: +30210 7222889

info@patrinoskilimiris.com

www.patrinoskilimiris.com

more from across site and ros bottom lb

More from across our site

Speaking to Managing IP, Kathi Vidal says she’s looking forward to helping clients shape policy when she returns to Winston & Strawn
AA Thornton and Venner Shipley’s combination creates a new kid on the block, but one which could rival the major UPC players
Amit Aswal explains why you should take on challenges early in your career and why the IP community is a strong, trustworthy network
Five members of Qantm’s leadership team, including its new managing director, discuss how the business is operating under private equity ownership and reveal expansion plans
In our latest UPC update, we examine an important decision concerning the withdrawal of opt-outs, a significant victory for Edwards, and the launch of a new Hamburg-based IP firm
The combined firm, which will operate under the Venner Shipley name and have 46 partners, will go live in December
Vidal, who recently announced her departure from the USPTO, said she decided to rejoin the firm because of its team and culture
Osborne Clarke said John Linneker’s experience, including acting for SkyKick in the seminal dispute with Sky, will be a huge asset to the firm
Fieldfisher led arguments in court before Kirkland & Ellis took over shortly after SkyKick was acquired, it was revealed last week
Lawyers at Finnegan and Fross Zelnick explain why privacy formed a natural extension of their firms’ IP practices and share expansion plans
Gift this article