In a positive move for rightsholders, the Court of Justice of the European Union (CJEU) has clarified that the sale of counterfeit goods from non-EU websites can amount to copyright or trade mark infringement for the purposes of the Customs Regulation when such goods are imported by consumers into the EU.  The CJEU has confirmed that there is no requirement for counterfeit goods to be the subject of an offer for sale or an advertisement targeted at consumers in the European Union in order for copyright or trade mark infringement to occur, and such goods may be seized at the border by customs officials.

For our full Law-Now on this decision, please click here.

Case C-98/13 Martin Blomqvist v Rolex SA, Manufacture des Montres Rolex SA