Case 15/74 [1974] ECR 1147

This case is about intellectual property rights, specific subject matter and Trade mark right in EU. 

The case Centrafarm v Winthrop is a notable European Union (EU) law case that was heard by the European Court of Justice (ECJ) in 1997.

The case centered around the question of parallel imports, which are genuine branded goods that have been purchased in one EU member state and then resold in another member state without the permission of the trademark owner.

Winthrop, a pharmaceutical company, held the exclusive rights to distribute the drug Cardura in the Netherlands. Centrafarm, a Dutch pharmaceutical wholesaler, imported Cardura from another EU member state and then distributed it within the Netherlands without Winthrop’s permission.

Winthrop argued that Centrafarm’s actions constituted trademark infringement, but Centrafarm contended that it was allowed to engage in parallel importing under EU law.

The ECJ ultimately ruled in favor of Centrafarm, holding that parallel imports are permissible under certain conditions, including that the imported goods are genuine and have been lawfully put on the market in another member state. The court also held that trademark owners cannot use their exclusive rights to prevent parallel imports within the EU.

The Centrafarm v Winthrop case established an important principle in EU law that has since been applied in numerous cases involving parallel imports of branded goods. It also clarified the limits of trademark owners’ exclusive rights within the EU’s internal market.