European Court of Justice clarifies when customs authorities may detain imitations or copies in transit within EU territory

According to a recent judgement of the European Court of Justice, member states customs authorities would be entitled to act in cases where goods which are in transit on EU territory violate intellectual property rights protected in the European Union. The Court clarifies that for that purpose, it has to be demonstrated that there has been a commercial act directed to European consumers, such as advertising of these products in EU market.

Fulvio Sarzana
Studio Legale Roma Sarzana & Associati
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