Lilly Loses Court Bid To Stop Internet Sales
Make a commentBy Ed Silverman // February 5th, 2008 // 9:29 am
The drugmaker has been trying to stop a UK pharmacy, which is buying Lilly drugs in Turkey, from selling them to Internet pharmacies in Canada. But London’s High Court threw out the case, Reuters reports.
The move is a big setback Lilly, which hoped to plug a cut-price route for med reaching the US. But faced with some of the highest drug prices in the world, many US patients have resorted to Canadian Internet pharmacies, which can offer discounts of as much as 80 percent by buying drugs for a lower price from other countries. The trademarks at the center of the case were the Lilly name, as well as the drug names Cialis, Evista, Humulin and Humalog. Evista is a drug for osteoporosis and Humalog and Humulin are for diabetes. And Cialis is for impotence.
In November, Lilly won a temporary injunction preventing UK pharmacy 8PM Chemists shipping drugs from Turkey and then sending them to US patients via Canada. But at appeal 8PM persuaded the court to overturn that decision, arguing the drugs were shipped in plain brown boxes and never released by customs in the UK, Reuters writes.
As a result, they never become ‘Community Goods’ under European law, and the trademarks Lilly was fighting to protect would never be seen by members of the public in the UK, the wire continues. The court backed 8PM’s argument and decided Lilly’s European trademarks were in no way jeopardised by the trade.