French pharma packaging, IP and generics: can you help?

The IPKat, being a community-minded mammal, is always keen to crowdsource questions in the unlikely event that neither he nor Merpel have a clue as to what the proper answer might be. Here's a question for our French friends and also for our pharmaceutical readers -- whether they are French or not -- since their part of the grapevine might have picked up information that others have missed.

The question relates to a relatively new and, at the time, fairly controversial amendment to the French Code of Public Health (article L.5121-10-3, which you can find on Legifrance if your French and your navigational skills are better than this Kat's.  Our reader asks:

"According to my understanding, this French provision purports to prohibit the enforcement of rights covering the look and texture of branded pharmaceutical products against generic pharmaceuticals that mimic the branded equivalent of the drugs.  My impression is that this is similar to the French provisions allow the makers of generic products to use the name of branded drugs on the packaging of their generic drugs. 

What I would like to know is whether there has been any litigation in which this provision has been invoked and whether, since it does seem to me to be incompatible with European harmonised trade mark law, any attempts have been made to challenge its validity.  Can the Kats and their readers help?"

Says our reader, whatever information you can give me would be great. It doesn't matter if it's in French, English or any other language.  References to articles in journals, law firm bulletins and news cuttings -- anything is better than nothing.

Says the IPKat, the best thing is for readers to post any information they have in the form of a comment on this blog post, so that everyone can share it.  If your browser or your company's or firm's IT system immobilises Blogger's comments facility, then just send your information by email here and the Kats will do the rest.