CJCE 22 décembre 2008 – ZOVIRAX

On last December 22, the CJEC stated that when repackaging a product is necessary prior to further marketing the product in the Member State of importation, the presentation of the packaging should be assessed in such a way that it cannot affect the reputation of the mark.

Moreover, the importer must provide the trademark owner with sufficient information, as required for the owner to be able to ascertain that the repackaging of the product is necessary. This double requirement is a new episode in the endless repackaging saga.

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