In Oracle v M Tech, the Court of Appeal held, handing down judgment on 24th August 2010 that in a trade mark infringement case involving importation of Sun branded computer hardware from outside the EEA that M Tech was entitled to argue that Arts.28 to 30 and Arts. 81 of the EC Treaty prevented Oracle from obtaining summary judgment for trade mark infringement. This judgment has important ramifications for all trade mark proprietors and parallel traders.
