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May-June, 2010 Vol. 100 No. 3 Back to TMR Main Page
 
Submission of the International Trademark Association in Nokia Corporation v. Her Majesty's Commissioners of Revenue and Customs
 
 
INTA filed a brief on November 12th, 2009 with the UK Court of Appeal in the case Nokia Corporation v. Her Majesty’s Commissioners of Revenue and Customs (HMRC). The case dealt with the question of whether, under EU Council Regulation 1283/2003 (‘the Counterfeit Goods Regulation”), HMRC has the power and indeed obligation to detain and subsequently seize fake goods which are in transit through the United Kingdom from one non-EU Member State to another non-EU Member State.

Given the uncertainty as to the scope and effect of the Counterfeit Goods Regulation when it comes to the seizure by local customs authorities of “counterfeit goods” that are in transit through the EU, INTA recommended that the UK Court of Appeal refer the case to the European Court of Justice (ECJ) on the basis that it is in the interest of trademark owners for the ECJ to clarify the correct interpretation of the Regulation. The case was ultimately referred to the ECJ.

UPDATE: Appeal referred the case to the ECJ on November 26th 2009. In its order, the Court of Appeal granted INTA formal leave to intervene. INTA’s Europe Amicus subcommittee submitted its written observations to the ECJ on March 16th, 2010.