Case C-204/20: Judgment of the Court (Fifth Chamber) of 17 November 2022 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Bayer Intellectual Property GmbH v kohlpharma Gm...

16.1.2023 EN Official Journal of the European Union C 15/3 2. Article 5(3) of Commission Delegated Regulation (EU) 2016/161 of 2 October 2015 supplementing Directive 2001/83 must be interpreted as not precluding the barcode containing the unique identifier referred to in Article 3(2)(a) of that delegated regulation from being affixed to the outer packaging of the medicinal product by means of an adhesive label, provided that that label cannot be removed without being damaged and that, in particular, the barcode remains perfectly readable throughout the supply chain and throughout the entire period referred to in Article 6 of that delegated regulation. (1) OJ C 215, 29.6.2020. Judgment of the Court (Fifth Chamber) of 17 November 2022 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Bayer Intellectual Property GmbH v kohlpharma GmbH (Case C-204/20) (1) (Reference for a preliminary ruling — Intellectual property — Trade marks — Directive (EU) 2015/2436 — Approximation of the laws of the Member States relating to trade marks —Article 10(2) — Rights conferred by a trade mark — Article 15 — Exhaustion of the rights conferred by a trade mark — Parallel import of medicinal products — Repackaging of the product bearing the mark —New outer packaging — Opposition by the proprietor of the mark — Artificial partitioning of the markets between Member States — Medicinal products for human use — Directive 2001/83/EC —Article 47a — Safety features —...