Out of circulation: No trade mark infringement of goods in transit

Taylor Wessing associate, Mark Dennis, discusses in his Out of circulation: No trade mark infringement of goods in transit article in the Journal of Intellectual Property Law and Practice (Vol. 3, No. 6, 2008) the findings of the Court of Appeal in the case between Eli Lilly & Company and Lilly Icos LLC v 8PM Chemist Ltd.

Pharmaceutical goods brought into the UK under inward processing procedure from Turkey for distribution to US customers were not in free circulation in the UK and so were not infringing UK trade mark rights.

To read the full article, please click here for a PDF, or here for full text.