Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 61985J0434

**Judgment of the Court of 3 March 1988. - Allen and Hanburys Ltd v Generics (UK) Ltd. - Reference for a preliminary ruling: House of Lords - United Kingdom. - Industrial and commercial property - Patents endorsed 'Licences of right' - Scope of protection - Compulsory licence under a patent. - Case 434/85.** 
  
*European Court reports 1988 Page 01245  
 Swedish special edition Page 00425  
 Finnish special edition Page 00431*

  

[Summary](#SM)  
[Parties](#I1)  
[Grounds](#MO)  
[Decision on costs](#CO)  
[Operative part](#DI)

## Keywords

  
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1 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - PATENT RIGHTS - PATENT ENDORSED "LICENCES OF RIGHT" - PROTECTION AGAINST INFRINGEMENT - GREATER MEASURE OF PROTECTION IN RESPECT OF IMPORTS - GRANT OF LICENCES SUBJECT TO CONDITIONS IMPEDING IMPORTS - NOT PERMISSIBLE

( EEC TREATY, ARTS 30 AND 36 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROVISIONS NECESSARY TO SATISFY IMPERATIVE REQUIREMENTS - PERMISSIBILITY - CONDITIONS - BAN ON IMPORTATION BASED ON LEGISLATION NOT APPLICABLE WITHOUT DISTINCTION TO BOTH DOMESTIC AND IMPORTED PRODUCTS - NOT PERMISSIBLE

( EEC TREATY, ART . 30 )*

## Summary

  
*1 . ARTICLES 30 AND 36 OF THE TREATY PRECLUDE THE COURTS OF A MEMBER STATE FROM ISSUING AN INJUNCTION PROHIBITING THE IMPORTATION FROM ANOTHER MEMBER STATE OF A PRODUCT WHICH INFRINGES A PATENT ENDORSED "LICENCES OF RIGHT" AGAINST AN IMPORTER WHO HAS UNDERTAKEN TO TAKE A LICENCE ON THE TERMS PRESCRIBED BY LAW WHERE NO SUCH INJUNCTION MAY BE ISSUED IN THE SAME CIRCUMSTANCES AGAINST AN INFRINGER WHO MANUFACTURES THE PRODUCT IN THE NATIONAL TERRITORY .

THOSE PROVISIONS PROHIBIT THE COMPETENT ADMINISTRATIVE AUTHORITIES FROM IMPOSING ON A LICENSEE TERMS IMPEDING THE IMPORTATION FROM OTHER MEMBER STATES OF A PRODUCT COVERED BY A PATENT ENDORSED "LICENCES OF RIGHT" WHERE THOSE AUTHORITIES MAY NOT REFUSE TO GRANT A LICENCE TO AN UNDERTAKING WHICH WOULD MANUFACTURE THE PRODUCT IN THE NATIONAL TERRITORY AND MARKET IT THERE .

THE FACT IS WHOLLY IMMATERIAL THAT THE PRODUCT IN QUESTION IS A PHARMACEUTICAL PRODUCT AND COMES FROM A MEMBER STATE WHERE IT IS NOT PATENTABLE .

2 . IT IS ONLY WHERE THEY APPLY WITHOUT DISTINCTION TO BOTH DOMESTIC AND IMPORTED PRODUCTS THAT NATIONAL RULES IMPEDING IMPORTS DO NOT FALL UNDER THE PROHIBITION LAID DOWN BY ARTICLE 30 OF THE TREATY IF THEY ARE NECESSARY IN ORDER TO SATISFY IMPERATIVE REQUIREMENTS RELATING IN PARTICULAR TO CONSUMER PROTECTION OR FAIR TRADING .

A PROHIBITION ON IMPORTATION CANNOT BE JUSTIFIED ON GROUNDS OF SUCH REQUIREMENTS WHERE THE NATIONAL LEGISLATION ON WHICH IT IS BASED IS NOT APPLICABLE WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS .*

## Parties

[Top](#document1)