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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 26 DECEMBER 2013
Honda v Patmanidi: parallel trade, competition question for CJEU
Case C-535/13 Honda Giken Kogyo Kabushiki Kaisha v Maria Patmanidi SA is a request by the Monomeles Protodikeio Athinon (Greece) to the Court of Justice of the European Union for a preliminary ruling on the following question: 

What is the scope of the provisions of Article 7 of Directive 89/104/ΕEC (now Article 7 of Directive 2008/95/ΕC) and of Article 13 of Regulation (ΕC) 40/94/ΕC (now Article 13 of Regulation (EC) No 207/2009) in relation to the right of a trade mark proprietor to prohibit parallel imports into the EU and the EEA of its products which were first supplied or put on the market in a country outside the EU and the EEA, especially in the case of products with a large profit margin and price squeezing, as evidenced by large fluctuations in pricing policy, and/or where parallel imports may result in considerable reductions in prices to end consumers, for their benefit and the benefit of competition, as in the case of all types of spare parts for motor vehicles, in light of the effect, in isolation or combination, of: (a) the provisions of Articles 101 and 102 TFEU; (b) the provisions of Articles I, XI.1, ΙΙΙ.4 and XX(d) and GATT 1994 law in general; and (c) Articles I and [Χ]XIV GΑΤΤ 1994, especially as they extend the scope of the provisions of Article 7(1) of Directive 2008/95/ΕC and of Article 13(1) of Regulation (ΕC) No 207/2009 to products put on the market in contracting parties of the GΑΤΤ 1994 and reciprocity issues arise between them?

This lengthy question seeks to match up and possibly synchronise the operation the provisions of European trade mark law with those of EU competition policy. 
Posted by: Blog Administrator @ 12.56
Tags: CJEU reference, parallel imports, price squeezing, competition policy,
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