Divestment of mature pharmaceutical products in the EU – implications for parallel imports
Eversheds | December 08, 2016
In the forty-three years since the UK acceded to the European Union, a large body of case law has developed in the Court of Justice of the EU and national courts dealing with parallel trade of pharmaceuticals within the EU. A recent decision in the English Courts, Flynn Pharma v Drugsrus Limited and Tenolol Limited [2015] EWHC 2759 (Ch), has added to that body of case law. It considers parallel imports in an commercially important context: the divestment in one member state of the EU by a research-based pharmaceutical company of its rights in a mature, off-patent, branded pharmaceutical product