NIPC Law

  Jane Lambert Court of Appea l (Lords Justices Coulson, Arnold and Warby) AstraZeneca AB and another v Glenmark Pharmaceuticals Europe Ltd [2025] EWCA Civ 480 (16 April 2025) This was an appeal against Michael Tappin KC's refusal in  AstraZeneca AB and another v Glenmark Pharmaceuticals Europe Ltd (Re Interim Injunction Application) [2025] EWHC 748 (Pat) (28 March 2025)   to grant AstraZeneca AB and AstraZeneca UK Ltd. an interim injunction to restrain Gelnmark Pharmaceuticals Europe Ltd. from selling a product containing dapagliflozin pending a hearing on the form of order following a trial to determine the validity of the first claimant's supplemental protection certificates  for dapagliflozin and a combination of dapagliflozin and metformin.  The appeal was heard by Lords Justices Coulson, Arnold and Warby on 9 April 2025.  At the end of the hearing, the Lords Justices announced that they would allow AstraZeneca's appeal.  Lord Justice Arno...

Author: Paul Hurst Licence CC   BY-SA 2.5 Deed   Source Wikimedia Commons Jane Lambert Court of Appeal (Lord Justices Lewison, Arnold and Birss) Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024 ) This is the second of my supplementary articles on Lord Justice Jackson's judgment in   Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024). I explained the reasons for these supplementary articles in the second paragraph of  Lord Justice Arnold's Guidance on Trade Mark Law in the Lidl v Tesco Appeal   yesterday.  In this article, I shall discuss Lord Justice Arnold's guidance on passing off  which he set out in paras [27] to [35] of his judgment. The learned Lord Justice said in para [28] that the fundamental principle underlying the law of passing off may be simply stated in contemporary language as "no person may misrepresent their goo...

By Fulvio Spada from Torino, Italy - Ochre quarry, Roussillon, France, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=40012791 Jane Lambert Chancery Division (Mr Justice Nugee)   GFS Flex Ltd v Brymec Ltd [2020] EWHC 1907 (Ch) (17 July 2020) This was an application for an interim injunction in an action for passing-off.   The claimant and applicant, GFS Flex Ltd ("GFS"),  imports corrugated stainless steel tubing ("CSST")  gas pipes and fittings that are manufactured by the Turkish company    Bes Yapi Ürünleri Sanayi ve Ticaret Limited Sirkayi and distributes them in the UK.  Those pipes and fittings have a yellow plastic clip. GFS alleges that that clip distinguishes the pipes and fittings that it supplies from the pipes and fittings of all other suppliers.  The defendant and respondent, Brymec Ltd  ("Brymec") has begun to sell CSST  gas fittings made by another Turkish company ...