Goods in transit again on the agenda of EU customs!

12/12/2017

Since the introduction of the revised EU trademark Regulation 2015/24, article 9.4 we have seen a more active policy by the EU customs to stop goods in transit (to countries outside EU).

The Nokia / Philips cases ECJ (C-446/09 and C-495/09), ended the successful seizures by EU customs under the former EU regulation 1383/2003. The regime introduced through this ECJ case, created an uncertain situation for EU customs on how to manage fake goods with a non EU destination.

The new trademark principles imply that the burden of proof that the counterfeit goods are not sufficiently protected in the country of destination on the holder of the goods (instead of the right holder).
A recent survey by React showed that almost all EU countries have now started to seize goods in transit. Only Latvia customs is still passive towards goods in transit. Something React will address. Needless to say that in general we are pleased with this development.