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.