Junek Europ-Vertrieb GmbH v Lohmann & Rauscher International GmbH & Co. KG

Intellectual property – Trade marks. Article 13(2) of Council Regulation (EC) No 207/2009 should be interpreted as meaning that the proprietor of a mark could not oppose the further commercialisation, by a parallel importer, of a medical device in its original internal and external packaging where an additional label had been added by the importer, which, by its content, function, size, presentation and placement, did not give rise to a risk to the guarantee of origin of the medical device bearing the mark. The Court of Justice of the European Union so held, among other things, in proceedings concerning dressings manufactured by the respondent company which had been imported as parallel imports and marketed in Germany by the applicant company, after having been relabelled.

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