Nokia Corporation v. Her Majesty's Commissioners of Revenue & Customs and the International Trade Mark Association (as proposed intervener), Manufacturing Fiction / Referral to the Court of Justice, Court of Appeal England and Wales, London, UK, 9 November 2009, with thanks to Frank Eijsvogels, Howrey
The court of Appeal asks the following question:
"Are non-Community goods bearing a Community trade mark which are subject to customs supervision in a Member State and in transit from a non-Member State another non-Member State capable of constituting "counterfeit goods" within the meaning of Article 2(1)(a) of Regulation 1383/2003/EC of there is no evidence to suggest that those goods will be put on the market in the EC, either in conformity with a customs procedure or by means of an illicit diversion."
Read the order (in English) here.
Read the order (in Dutch) here.
Read a previous post on EPLAW Patent Blog here.
Comments