IQOS given EU protection

The UK’s High Court has granted an interim injunction with pan-EU effect against a Chinese manufacturer, Shenzhen Shunbao Technology, which was attempting to launch in the EU a product similar in appearance to Philip Morris International’s IQOS, according to a Lexology story relayed by the TMA.

PMI was said to have become aware that Shunbao was marketing a tobacco heating system in China that was similar in appearance to the IQOS holder and brought an action in China.

After learning of Shunbao’s intention to enter the EU market, PMI filed a case in the UK High Court for infringement of a Registered Community Design protecting the design of the IQOS holder.

In considering the factors for assessing whether an interim injunction application should be granted, the judge was reportedly satisfied that there was a serious issue to be tried and that PMI had a “good arguable case” on infringement.

He was satisfied also that there was a real threat of infringement in the EU, since Shunbao’s online store indicated that it would be exhibiting at the Vaper Expo in the EU.

Balancing other factors, he found that the reputational harm to PMI was likely and difficult to quantify.

Since he was satisfied that damages would not be an adequate remedy for PMI and that the balance of convenience favoured granting an interim injunction, the interim injunction was ordered.