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Preventing parallel trade in the European Union

  • McDermott Will & Emery
  • -
  • European Union, Greece
  • -
  • October 31 2008

Lelos and Others v GSK C-46806 concerned a dispute between the Greek subsidiary of GlaxoSmithKline (GSK) and a number of Greek wholesalers

Tariff Act does not require that mark owner make the product in question

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

The U.S. Court of Appeals for the Ninth Circuit has ruled that a company that imports a product bearing a counterfeit mark can be liable for penalties under federal law (the Tariff Act) even if the owner of the mark in question does not make the product in question

Safe harbor applies to ITC action based on foreign practice of patent process

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 28 2008

The U.S. Court of Appeals for the Federal Circuit affirmed the International Trade Commission’s (ITC) ruling that the safe harbor statute applies in proceedings under the Tariff Act relating to process patents, as well as product patents, for imported products that are used for the exempt purposes of 271(e)(1