Parallel import of medical devices – Court gives trademark owner the right to demand a specimen

The Higher District Court of Düsseldorf had to decide whether the parallel importer of medical devices also had to provide the trademark owner at its request with a specimen of the re-labelled product. In its detailed decision of 12 April 2016 on case I-20 U 48/15 the court held that medical devices were rather more comparable with pharmaceuticals than with food/beverages and gave the trademark owner the right to request a specimen.

For more see my latest blogpost on the Kluwer Trademark Blog here.