Merck KGaA v Merck Sharp & Dohme Corp & Ors [2016] EWHC 49 (Pat)

This was a claim for breach of contract and trade mark infringement between two pharmaceutical companies: Merck KgaA, the Claimant, and Merck Sharpe and Dohme Corp and others, the Defendants.  The case concerned the use of the sign MERCK in the United Kingdom.  The court held that Merck Sharp and Dohme Corp was in breach of contract and that all the Defendants had infringed the Claimant’s trade marks.

Prior to the trial a preliminary issue was ordered. The parties had entered into a co-existence agreement that was silent as to the proper law governing the agreement.  Applying the common law authorities to the agreement (because it dated from before the Rome Conventions) the Court held that the proper law of the contract was German law.  That was the system of law with which the transaction had its closest and most real connection.  [2014] EWHC 3867 (Ch)

Henry Carr QC and Benet Brandreth acted for the successful party, Merck KGaA.

 

Latest News

Anna Edwards-Stuart appointed King’s Counsel

Chambers is delighted to announce that Anna Edwards-Stuart has been appointed King’s Counsel in the 2023 competition, announced on 19th January 2024.

Miruna Bercariu joins 11 South Square

Chambers is delighted to announce Miruna Bercariu has accepted an offer of tenancy after a successful pupillage and will commence practice immediately....

Chambers UK Bar Awards 2023

Chambers is thrilled to announce we have won all three of the awards we were nominated for at the Chambers UK Bar Awards 2023. 11 South Square, IT/IP Set of the Year Brian Nicholson KC, IT/IP Silk of the Year Ka...

Edward Cronan joins 11 South Square

We are pleased to announce the arrival of a new member of chambers, Edward Cronan. Edward first came on to our radar at 11 South Square when he was a solicitor, and we watched his move to the bar in 2018 with interest. S...

Bio-science Law Review – University Inventions: When is a student a consumer?

University Inventions: When is a student a consumer? Oxford University Innovation Limited v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat) This article provides a case comment on the Judgment of Daniel Alexander KC...

Michael Silverleaf called to the Irish Bar

Chambers is pleased to announce that Michael Silverleaf has been called to the Irish Bar and has appeared in that role as part of a team representing Bristol-Myers Squibb in the Irish High Court before Barrett J. The tri...

Lionel Bently made Honorary King’s Counsel

Chambers is delighted to announce that Lionel Bently has been made an Honorary King's Counsel. Honorary KCs are awarded to those who have made a major contribution to the law of England and Wales, outside practice in...