Permissibility of packaging changes for parallel imports of medical devices

Following a parallel import of medical devices, the trademark owner cannot generally oppose distribution in Germany because the importer has affixed a small sticker with its own PZN to the packaging. This also applies if this sticker covers a label on the packaging with details of the trademark owner – in particular with the company name of the distributor, of which the trademark is also a part. It does not matter whether the importer relies on this PZN for distribution in Germany (OLG Frankfurt a. M., judgment of 07.03.2019 – 6 U 37/18).

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