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Is a trade mark infringed by failure to identify the repackager of a parallel import?

• McDermott Will & Emery
• -
• Denmark, European Union
• -
• November 29 2011

In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports