Interception Of Counterfeits By Customs Authorities

Interception of counterfeits by Customs Authorities: AG Opinion in Philips v Lucheng Meijing  and Nokia v HMRC

The Advocate General ("AG") has given his opinion on two questions referred by the Dutch and UK courts on the ability of European customs authorities to intercept branded goods which are suspected of being counterfeit, but which are ostensibly in transit through Europe to a destination outside the EEA.

The AG confirmed that the "production fiction" could not be applied when considering the "old" Counterfeit Goods Regulation, and recommended that customs authorities may only seize goods in transit where there are sufficient grounds for suspecting that the goods are counterfeit and are to be put on the market in the EC.