IP Snapshot - March 2009

TRADE MARKS

Schenker SIA v Valsts ieņēmumu dienests, Case C- 93/08, 12 February 2009

Following a reference from the Latvian Supreme Court, the ECJ has ruled that the initiation of the 'simplified procedure' set out in Article 11 of Council Regulation 1383/2003/EC (whereby the rights owner and the owner of the goods can agree that the goods be destroyed without IP proceedings), does not deprive the competent national authorities of the power to impose a penalty on the parties responsible for importing the relevant goods into the EU.

For the full text of this decision, click here.

R v Kousar (Rukhsana) [2009] EWCA Crim 139, 21 January 2009

The Court of Appeal has held that for the purposes of section 92(1)(c) of the Trade Marks Act 1994, a wife was not in possession of counterfeit goods that her husband had stored in the loft of the family home. The Court held that the giving of permission was not sufficient to establish primary possession under section