Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd

Glaxo failed to establish an arguable case that Aeropharm or Hexal actively co-operated with Sandoz UK in acts of passing off in England, or that any actionable primary acts of passing off occurred within the jurisdiction. Mere supply or involvement in product design outside England was insufficient for joint or primary liability. Claims against Aeropharm and Hexal were also time-barred to the extent they related to acts more than six years prior to the claim. Joinder was therefore refused.

Parties
Claimant: Glaxo Wellcome UK Limited (t/a Allen & Hanburys); Claimant: Glaxo Group Limited; Defendant: Sandoz Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2016
Procedural Posture
Civil Intellectual Property / Interlocutory Application for Joinder of Additional Defendants
Outcome
Application to join Aeropharm GmbH and Hexal AG as defendants dismissed; permission to join Sandoz International GmbH granted by consent.
Legal Topics
Passing Off, Trade Mark Infringement, Joinder of Parties, Limitation Periods, Jurisdiction (brussels I)
Intellectual Property Civil Procedure Passing Off Trade Mark Infringement Joinder of Parties Limitation Periods Jurisdiction (brussels I)

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Parties

Glaxo Wellcome UK Limited (t/a Allen & Hanburys)

Claimant

Glaxo Group Limited

Claimant

Sandoz Limited

Defendant

Procedural Posture

Civil Intellectual Property / Interlocutory Application for Joinder of Additional Defendants

Legal Issues

  1. 1 Whether Aeropharm GmbH and Hexal AG should be joined as defendants for alleged passing off and trade mark infringement
  2. 2 Whether there is an arguable case of joint or primary tortfeasance against Aeropharm and Hexal
  3. 3 Whether the claims are time-barred under the Limitation Act 1980

Ratio Decidendi

Glaxo failed to establish an arguable case that Aeropharm or Hexal actively co-operated with Sandoz UK in acts of passing off in England, or that any actionable primary acts of passing off occurred within the jurisdiction. Mere supply or involvement in product design outside England was insufficient for joint or primary liability. Claims against Aeropharm and Hexal were also time-barred to the extent they related to acts more than six years prior to the claim. Joinder was therefore refused.

Court Disposition

Application to join Aeropharm GmbH and Hexal AG as defendants dismissed; permission to join Sandoz International GmbH granted by consent.

Orders

  • Application to join Aeropharm GmbH and Hexal AG dismissed
  • Permission to join Sandoz International GmbH as defendant by consent