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| By FrankWilliams Via Wikipedia |
Being able to buy it, obviously, yes. But it may never come
to receive it: upon entry of the counterfeit watch into the EU, the
Regulation regarding intervention by the customs authorities of
goods suspected of violating intellectual property rights and, therefore,
Therefore, it will be retained and, if necessary, destroyed.
This is what the ruling of the Court of
Justice (Second Chamber) in the Case C-98/13 which was just published on 6
February 2014.
Justice (Second Chamber) in the Case C-98/13 which was just published on 6
February 2014.
The events date back to January 2010 when a citizen
Danish (Mr. Blomqvist) buys a
Rolex watch on a Chinese online sales website and make the payment in the
same website. The package is sent from
Hong Kong to Mr. Blomqvist's address in Denmark, being held by
the customs of that country in application of the Regulation (EC) No. 1383 / 2003, that
was in force at that time, for violating property rights
industrial and intellectual of the owner of the Rolex brand. The Danish importer
He opposed the destruction of the watch, alleging that it had been lawfully purchased for his
personal use.
Danish (Mr. Blomqvist) buys a
Rolex watch on a Chinese online sales website and make the payment in the
same website. The package is sent from
Hong Kong to Mr. Blomqvist's address in Denmark, being held by
the customs of that country in application of the Regulation (EC) No. 1383 / 2003, that
was in force at that time, for violating property rights
industrial and intellectual of the owner of the Rolex brand. The Danish importer
He opposed the destruction of the watch, alleging that it had been lawfully purchased for his
personal use.
The TJ understands that,
even if the sale of products has occurred through a website
located in a country outside the EU, the owner cannot be deprived of the
intellectual and industrial property rights of the protection that guarantees
customs regulations, that is, preventing the entry of the merchandise into the
European space. It is not necessary to previously check whether the merchandise has been
object of an offer or advertising directed to the European consumer public,
since the sale is proven.
even if the sale of products has occurred through a website
located in a country outside the EU, the owner cannot be deprived of the
intellectual and industrial property rights of the protection that guarantees
customs regulations, that is, preventing the entry of the merchandise into the
European space. It is not necessary to previously check whether the merchandise has been
object of an offer or advertising directed to the European consumer public,
since the sale is proven.
This ruling represents, therefore, a
serious warning to buyers of products on the Internet: fake products
purchased on websites outside the EU may be retained and destroyed upon arrival
to the EU, regardless of the use to which they are intended.
serious warning to buyers of products on the Internet: fake products
purchased on websites outside the EU may be retained and destroyed upon arrival
to the EU, regardless of the use to which they are intended.
Authors: Transi Ruiz, Juan José Caselles
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