"Transhipping fake goods, Sir? Please proceed!"

Nokia / Philips case consequences

The ECJ decision in the joined cases of Nokia v HMRC and Philips v Lucheng Meijing and others (respectively Case C-495/09 and Case C-446/09, 1 December 2011) forbids the detention by customs of goods they find that are clearly counterfeit but which are merely passing through the EU. That aligns with the Advocate General's opinion and the first instance decision of the English High Court. However, in the latter, the judge had added that this was not a satisfactory outcome and he hoped that it may provoke a review of the law. That may yet happen but intense lobbying by brand owners is probably still needed to secure it.

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Lawyers Roland Mallinson