ECJ to Decide on Manufacturing Fiction

ECJ to Decide on 'Manufacturing Fiction' under Counterfeit Goods Regulation

By Geert Theuws, Howrey LLP

"Following questions posed by the Belgian and to be posed by the UK court, the ECJ will be deciding on an issue which is of significant importance for the future of the European border seizures practice. It concerns the legitimacy of the application of the so-called manufacturing fiction, when ascertaining whether goods seized by customs agencies pursuant to the Counterfeit Goods Regulation infringe upon an IP right."

Read the complete contribution here.

Read the judgment Philips v. Furness (The Hague District Court) (in English) here.

Read the judgment Philips v. Postech (Dutch Supreme Court) (in English) here.

Read the judgment Sosecal v. Sisvel (The Hague District Court) (in English) here.
Read the judgment Philips v. Lucheng c.s. (Antwerp District Court) (in Dutch) here.