Protection when product bought in China enters territory of a Member State

06-04-2014 Print this page
IPPT20140206, CJEU, Blomqvist v Rolex

CUSTOMS SEIZURE

 

Council Regulation 1383/2003:  affords protection over goods sold through an online sales website in a non-member country from the moment that the goods enter the territory of the Member State, irrespective of whether the goods were subject of an offer for sale or advertising targeting consumers of that State, prior to the sale.

 

"36. Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights must be interpreted as meaning that the holder of an intellectual property right over goods sold to a person residing in the territory of a Member State through an online sales website in a non-member country enjoys the protection afforded to that holder by that regulation at the time when those goods enter the territory of that Member State merely by virtue of the acquisition of those goods. It is not necessary, in addition, for the goods at issue to have been the subject, prior to the sale, of an offer for sale or advertising targeting consumers of that State."

 

IPPT20140206, CJEU, Blomqvist v Rolex

 

C‑98/13 - ECLI:EU:C:2014:55