Merck & Co. v. Primecrown Ltd.

[1996] E.C.R. I-6285, Case C-267/95 (1996)

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Merck & Co. v. Primecrown Ltd.

European Union Court of Justice
[1996] E.C.R. I-6285, Case C-267/95 (1996)

MP

Facts

Pharmaceutical company Merck & Co. (plaintiff) owned patents in the United Kingdom (UK) to three different drugs. Primecrown Ltd. (defendant) imported the same drugs into the UK from Spain and Portugal, where they were not patented because these countries did not provide patent protection for pharmaceuticals at the time. Despite being unable to secure patents to the drugs in Spain and Portugal, Merck chose to market them there after these countries joined the European Union (EU). Merck sued Primecrown in the UK, and the England and Wales High Court of Justice stayed proceedings to refer to the EU Court of Justice the question of the proper interpretation of Articles 30 and 36 of the European Community Treaty (the EC Treaty).

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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