IP case law Court of Justice

Judgment of 11 Jul 1996, C-427/93 (BMS / Paranova)

In Joined Cases C-427/93, C-429/93 and C-436/93,

REFERENCES to the Court under Article 177 of the EC Treaty by the Soe- og Handelsretten i Koebenhavn (C-427/93 and C-429/93) and by the Hoejesteret (C-436/93) for a preliminary ruling in the proceedings pending before those courts between

Bristol-Myers Squibb


Paranova A/S (C-427/93)

and between

C.H. Boehringer Sohn,

Boehringer Ingelheim KG,

Boehringer Ingelheim A/S


Paranova A/S (C-429/93),

and between

Bayer Aktiengesellschaft,

Bayer Danmark A/S


Paranova A/S (C-436/93),

on the interpretation of Article 7 of the First Council Directive (89/104/EEC) of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), and of Article 36 of the EC Treaty,


composed of: G.C. Rodr