Glaxo discovered that retroviral drugs sold under the trade marks EPIVIR, COMBIVIR and TRIZIVIR and intended for French West Africa under a not-for-profit scheme were reaching the UK via Dowelhurst, a parallel trader. Glaxo pressed for summary judgment for trade mark infringement, seeking injunctive relief. Dowelhurst expressed anxieties concerning the form of the injunction since it could still source those drugs from elsewhere in the European Union and lawfully import them into the UK. Peter Prescott QC, sitting as an additional judge of the Chancery Division, granted full injunctive relief so far as the drugs destined for Africa were concerned, but agreed that the form of injunction should not be such as to prevent Dowelhurst importing and selling drugs lawfully.
On AIDS in French West Africa click here
On AIDS in French West Africa click here
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