New Commission notice on Customs detainment of infringing goods in transit indicates detentions and notifications are likely to rise.
On 07 July 2016 the European Commission published a new Commission notice on customs enforcement of intellectual property rights concerning goods brought into the customs territory of the European Union without being released for free circulation.
The commission notice provides clarifications on the application of Regulation (EU) No 608/2013 and the new trade mark Regulation (Regulation (EU) 2015/2424 the "EUTMR'') with regard to goods coming from countries outside of the EU without being released for free circulation, including goods in transit. through the territory of the EU.
The new guidelines take account of the findings of the Court of Justice of the EU in its judgment of 01 December 2011 in joined cases C-446/09 and C-495/09 (Philips/Nokia). They also address the specific concerns raised by India and Brazil on medicines in genuine transit through the EU which are covered by a patent right in the EU.
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