Abstract

Case C-642/16, Junek Europ-Vertrieb GmbH v Lohmann & Rauscher International GmbH & Co. KG, Court of Justice the European Union, Fifth Chamber, Judgment of 17 May 2018, EU: C: 2018: 322 The Court of Justice of the European Union has ruled that affixing, on the unprinted part of the external package of medical devices, a small label that contains relevant information on the distribution of the products and does not conceal the manufacturer’s mark, does not constitute repackaging under EU law. Accordingly, the trade mark proprietor has no legitimate reason to oppose the marketing of those medical devices.

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