CJEU gives useful clarity for rights holders in the fight against counterfeit goods

The Court of Justice of the European Union (CJEU) has given useful clarity for rights holders in the fight against counterfeit goods coming into the EU. It is clear that counterfeit goods, ordered online for private use from outside the EU, infringe EU law and can be seized under the Customs Regulation (Regulation 1383/2003). It is not necessary to show that, prior to purchase, the website offering the goods was targeted at EU consumers.

The case concerned a Danish customer, Martin Blomqvist, who bought a counterfeit Rolex from a Chinese website that was seized when it was shipped to Denmark. It was common ground that the individual customer did not infringe because of personal use…

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