On Monday 25 February 2014, as part of  the future “Trade marks package” discussions, Members of the European Parliament adopted the Gallo- Rapkay amendment, restoring to European customs services the ability to control and stop trademark counterfeit goods in transit through the EU.

The text adopted has in fact overturned the European Court of Justice’s Nokia/Philips decision, which had the practical effect of withdrawing this prerogative from customs, resulting in a drastic reduction of the number of counterfeit goods seized.

This is a victory for rights holders. Indeed, the text voted by the Parliament – if adopted as such by the Council of the European Union – should result in a significant reinforcement of the global fight against counterfeit goods without affecting the trade in legitimate goods as set by WITO international rules.