Allen & Hanburys Ltd v Generics (UK) Ltd

Subject Matter

PATENT — Extension — Transitional provisions — Injunction preventing importation of patented drug from member state — No corresponding restraint on infringement by manufacturers within United Kingdom — Product not patentable in exporting state — Whether restraint on importation conflicting with Community law — Considerations of fair trading and consumer protection — Patents Act 1977, s 46(3)(a)(c) — ECC Treaty (Cmnd 5179–II), arts 30, 36

[1989] 1 WLR 414

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