Glaxo discovered that retroviral drugs sold nether the merchandise marks EPIVIR, COMBIVIR and TRIZIVIR and intended for French West Africa nether a not-for-profit system were reaching the U.K. via Dowelhurst, a parallel trader. Glaxo pressed for summary judgment for merchandise score infringement, seeking injunctive relief. Dowelhurst expressed anxieties concerning the course of report of the injunction since it could nevertheless rootage those drugs from elsewhere inwards the EU in addition to lawfully import them into the UK. Peter Prescott QC, sitting every 2d an additional guess of the Chancery Division, granted total injunctive relief in addition to then far every 2d the drugs destined for Africa were concerned, only agreed that the course of report of injunction should non hold upward such every 2d to foreclose Dowelhurst importing in addition to selling drugs lawfully.
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