Parallel Importation Of Pharmaceutical Products

This article first appeared in World Trademark Review issue 62, published by Globe Business Media Group - IP Division. To view the issue in full, please go to www.worldtrademarkreview.com.

The question of parallel importation of pharmaceutical products has recently been considered by the Chancery Division of the UK's High Court in the case of Flynn Pharma Limited v Drugsrus Limited and Others. The decision provides a useful review of English law on parallel importation of pharmaceutical products. The decision of the High Court is currently under appeal and is listed to be heard in late February or early March 2017.

Flynn Pharma is a speciality pharmaceutical company that trades in both generic medicines and speciality brands. Its business model is to acquire marketing authorisations and to sell branded products once the patents on the products have expired - although generic versions of the products in question are usually competing in the market, there is still a