<abstract xmlns="http://www.w3.org/1999/xhtml"><p> The paper addresses the issue whether customs authorities of Member States are entitled to suspend or detain goods in transit (i.e., products directing from one non- Member State to another non-Member State through the EU) and the evolving case-law of the Court of Justice related to this matter. Prior to the judgment in Philips and Nokia cases, a so-called manufacturing fiction theory was applied by some Member State courts (especially Dutch courts). According to this theory, goods suspended or detained by customs authorities within the EU were considered to be manufactured in the Member State where the custom action took place. In the Philips and Nokia judgments, the Court of Justice rejected this manufacturing fiction theory. But the proposal for amendment to the Regulation on Community trade mark and the proposal of the new Trademark directive, as a part of the trademark reform within the EU, go directly against the ruling in the Philips and Nokia cases and against the Understanding between the EU and India.</p></abstract>

The paper addresses the issue whether customs authorities of Member States are entitled to suspend or detain goods in transit (i.e., products directing from one non- Member State to another non-Member State through the EU) and the evolving case-law of the Court of Justice related to this matter. Prior to the judgment in Philips and Nokia cases, a so-called manufacturing fiction theory was applied by some Member State courts (especially Dutch courts). According to this theory, goods suspended or detained by customs authorities within the EU were considered to be manufactured in the Member State where the custom action took place. In the Philips and Nokia judgments, the Court of Justice rejected this manufacturing fiction theory. But the proposal for amendment to the Regulation on Community trade mark and the proposal of the new Trademark directive, as a part of the trademark reform within the EU, go directly against the ruling in the Philips and Nokia cases and against the Understanding between the EU and India.

Goods in Transit and Intellectual Property Under the EU Law and Caselaw of the Court of Justice

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

The paper addresses the issue whether customs authorities of Member States are entitled to suspend or detain goods in transit (i.e., products directing from...

Goods in Transit and Intellectual Property Under the EU Law and Caselaw of the Court of Justice

Publié en ligne: 24 janv. 2018

Pages: 93 - 104

DOI: https://doi.org/10.1515/iclr-2016-0054

Mots clés
goods in transit, goods infringing intellectual property rights, manufacturing fiction theory, customs action

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Goods in Transit and Intellectual Property Under the EU Law and Caselaw of the Court of Justice

Publié en ligne: 24 janv. 2018

Pages: 93 - 104

DOI: https://doi.org/10.1515/iclr-2016-0054

Mots clésgoods in transit, goods infringing intellectual property rights, manufacturing fiction theory, customs action

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
goods in transit, goods infringing intellectual property rights, manufacturing fiction theory, customs action