Detaining In Transito Counterfeit Goods

In the Netherlands, the Anti-Piracy Regulation ("APR") has also been applied to in transito goods. This means that counterfeit or pirated goods merely transiting the Netherlands from one country outside the European Union ("EU") to another country outside the EU were detained by Dutch customs authorities. This has proven to be controversial. In fact, seizures of generic medicines in transit by Dutch customs set off a worldwide debate. A UK court recently declined this broad view on the scope of the APR, although it did recognise that its conclusion was not satisfactory.

Following questions referred by the Antwerp Court of First Instance (case C-446/09 Philips/Lucheng ⦣8364;" electric shavers) and the UK Court of Appeal (case C-495/09 Nokia/HMRC ⦣8364;" mobile phones), the Court of Justice ("CJ") of the European Union rendered its decision on 1 December 2011 whether or not customs are rightfully detaining goods in transito with the APR as legal basis.