Parallel importer’s unlicensed use of a trademark: unnecessary and infringing

In a case concerning the parallel importation and rebranding of trospium chloride, the High Court has ruled that there was no need for Doncaster Pharmaceuticals Group to rebrand its imported products as Regurin in order to gain effective access to the market.

Madaus markets and distributes trospium chloride products in France as Céris, in Germany as uriVesc and in the UK as Regurin. Madaus has a UK trademark for Regurin, exclusively licensed by it to Speciality European Pharma.

Prior to the expiry of Madaus’s patent for the drug, Doncaster imported Céris into the UK from France by over-stickering boxes with the words ‘trospium chloride’. After the expiry of the patent, it started importing the German product as well. In both cases, it began to use the Regurin mark for the UK market. Speciality European Pharma took issue with this…

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