Posted in EU Law

Parallel import of medicinal products

A goo drefreshingle sson on the Bristol-Myers Squibb case.

A trademark owner can oppose the repackaging of an parallel-imported medicinal if:

  • the repackaging is necessary to access the market of the member state of importation;
  • the repackaging does not affect the original condition of the product inside the packaging;
  • the new packaging clearly identifies who repackaged and who manufactured the product;
  • the presentation of the repackaged product is not liable to damage the reputation of the trademark or its owner; and
  • the importer gives notice to the trademark owner before the repackaged product is put on sale and supplies the owner with a specimen of the repackaged product on demand.

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Posted in EU Law, Start-ups

Europe’s top court could help Uber where Commission has failed

There is much at stake today (29/11/2016) at the Spanish Supreme Court. Favouring Uber may positively waterfall AirBnb, Booking.com and similar members of the gig economy, let alone whether Google & Facebook can be ocnsidered media companies and not IT ones.

Allegedly the taxi side is supported by Spain, France and Ireland (a country that does not host Uber’s HQ), while on the SF company’s side we can see Netherlands (by coincidentce the country hosting UBer’s HQ and that may see it part away, Estonia -or better said E-stonia-, poland, Finland -where Uber is authorise,d provided it pay taxes-, Greece and the EU Commission.

On a similar note, the case in France has been withheld until next elections after fear of the populist Le Pen’s victory.

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Posted in Brexit, EU Law, Privacy

Brexit: The implications for data protection

Brexit is definitively the mass legal topic right now. This articles analyses the implications for Privacy law.
In the end, UK leaving the EU will subtract itself to the Directives.
Hence will the new Privacy Shield (stand the EUCJ ruling, first) be aplicable in UK?
If UK happens to leave, will it be considered a safe country, when it comes to data migration?
Will the UK legal Light Touch apply to Privacy laws too?

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