INTA Comments on European Court of Justice’s Ruling on Counterfeit Goods in Transit Cases
08-Dec-2011
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BRUSSELS - The International Trademark Association (INTA) welcomed in a press release the European Court of Justice’s December 1 ruling on the cases brought by Nokia Corporation and Philips Electronics that addressed the role of Customs in intercepting counterfeit goods in transit. By providing guidance on when Customs may intervene to detain shipments of counterfeit or pirated goods, the Court of Justice recognizes the serious threat that counterfeiting poses to consumer health and safety and the rights of brand owners.
To assist brand owners in this case, INTA submitted an amicus brief to the UK Court of Appeal on Nokia Corporation v. Her Majesty’s Commissioners of Revenue and Customs (HMRC). After the case was referred to the Court of Justice, INTA participated in oral argument in Luxembourg.
Counterfeiting is a problem that extends across borders. After this ruling, INTA hopes that EU legislative and enforcement authorities will discuss further how to stop counterfeit goods that are passing through EU member states. Additionally, INTA looks forward to seeing how the EU Customs Regulation Proposal addresses the transit of counterfeit goods.