[Ip-health] Seizures of counterfeit goods in Europe

[Douglas Ball]

Those who have been following the saga of consignments of generic
medicines being held in EU ports during transit on alleged concerns that
they may be counterfeit could be interested in this judgement from the
UK regarding proven counterfeit mobile phones in transit. A consignment
of Nokia phones was intercepted from Hong Kong on the way to Columbia.
Nokia confirmed that they were counterfeits and asked HM Revenue &
Customs to impound them. HMRC said they could not do so and Nokia asked
the High Court to intervene. The High Court upheld the view of HMRC with
the judgement to the effect that "goods can only be held if they are
counterfeit ... and they can only be counterfeit if they violate a
company's trade marks. But trade mark rights can only be violated 'in
the course of trade', so goods never intended for UK sale cannot be in
violation of UK trade mark rights". The lack of a realistic prospect of
the goods being diverted to the UK market prevented legal seizure of the
goods.

http://www.theregister.co.uk/2009/07/29/hmrc_counterfeit_ruling/


Regards

Douglas Ball
Pharmaceutical consultant
Public Health and Development
E-mail: douglasball[AT]yahoo.co.uk