Trade marked goods and stopping over in Europe

8 PM Chemists Ltd's application for summary dismissal of Eli Lilly's trade mark infringement claim was recently held to be unsuccessful by the English High Court. In a judgment which gave a restrictive interpretation to the European Court of Justice's (ECJ) Class International decision, Mann J decided that branded pharmaceuticals originating from Turkey which entered the UK under the "Inward Processing Relief" customs procedure and which were always destined for the US were nevertheless arguably "imported" into the Community.

We have put together an analysis of the English High Court's findings.