European Court of Justice. ECJ 2008/1 Merck Genericos--Productos Farmaceuticos Lda v. Merck & Co. Inc, Merk Sharp & Dohme Lda, 11 September 2007 (C-432/05).

摘要

Merck & Co. is the older of a Portuguese patent which was issued in 1981 and concerned the medicinal product of Renitec. In 1996, Merck Genericos, which had no link with Merck & Co., placed a pharmaceutical product on the market under the trade mark Enalapril Merck, which it sells at prices appreciably lower than those for the product under the trade mark Renitec. Merck & Co. then brought an action against Merck Genericos for breaching its patent.