Transit of counterfeit pharmaceuticals through the European Community

The French Customs at the Roissy CDG airport intercepted a consignment from OKASA. The company sent pharmaceutical products in the form of VIAGRA pills from India to Chile, though France.

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The two questions raised by the action taken by Pfizer, the owner of tri-dimensional trademark “blue diamond”, were the possibility of suing acts of external transit, and the comparison of the signs concerned.

The Court considered on the one hand that the sole imitation of the diamond shape form and blue color, although the PFIZER and VRG 100 mentions were not reproduced, constituted a counterfeiting offence.

On the other hand, and contrary to current case law on external transit, the Court considered that the transshipment in France of counterfeit goods is prohibited and that the trademark owner can oppose to it.

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