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As part of Vietnam's continuing effort to fine tune its legal framework since the country acceded to TRIPs in 2007, on 1 April 2011, the Ministry of Finance issued Circular No. 442011TT-BTC Providing Guidelines for Combating Counterfeit Goods and Protecting Intellectual Property Rights in Customs Field (Circular 44) which took effect on 1 May 2011
In the "Philips" case, Advocate General Cruz Villalón recommended the so-called "production fiction" could not be applied to goods in transit, i.e., such goods could not be treated as if they were produced in the territory of the European Union
The Court of Appeal of Berlin held that the transit of counterfeit products through Germany under customs surveillance, threatening to infringe trademark rights in the country of destination, constitutes a tortious act in Germany
