Suchergebnisse

Parallel trade of pharmaceuticals is one of the most contended issues emerging from this industrial sector, which requires to strike a sensitive balance between the fundamental tenets of the internal market (particularly the free movement of goods), the Member States' competence in regulating the prices of medicines and the conflicting interests of manufacturers and patients. Against this background, this Insight addresses the decision rendered on 25 November 2021 by the Court of Justice in Case C-488/20 Delfarma ECLI:EU:C:2021:956 and further elaborates some prospective considerations on parallel trade in the light of the problem of medicines shortages in the European Union, considering the recent initiatives falling under the new Pharmaceutical Strategy for Europe.

This paper addresses the issue of the IP protection afforded to fashion designs as such, i.e. the overall appearance of a fashion garment resulting from a specific combination of lines, contours, colours, shapes, textures and materials. In particular, the chosen perspective compares the legislative frameworks currently existing in the EU and the US systems, and then analyses two examples taken from the respective case law in order to evaluate the different practical approaches. In light of the above, some concluding remarks on the importance of an appropriate IP regime in this context will be provided.