2012/01/28

spay clinic edmonton

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2012/01/27

Transshipment or transit?

On detention of counterfeit goods to customs, where a company is not party to the contract of carriage and it is determined that it took place only as a freight charge of receiving the goods for the recipient's account, it should put the company out of the question. As such, regardless of whether invoices have been issued in error on behalf of the company since the actual recipient of the goods in question confirms the acquiring. statuts eurl

In the case before the Cell Targeting Freight Roissy informed the company that Sony Computer Entertainment of alleged counterfeit memory cards brand Playstation 2 were the subject of a detention under customs control in accordance with Community Regulation of 22 July 2003 . The detained goods from China and were destined for Uruguay.

Being a simple transfer of counterfeit goods, the forgery was not considered applicable.

Under Article L. 716-9 a) of the Code of intellectual property is an act of infringement is the "import, export, reexport or transship goods presented under an infringing mark." Article 9.1 of EC Regulation No 40/94 broadly defines infringement as the use of counterfeit mark in the business world. Article L. 716-9 aforementioned suppose, for its application, a part of France. However, the mere entry of goods into the customs territory of the European Community as a result of a transfer and submission of such goods from customs supervision does not de facto its application in the absence of putting on the market on French territory.

The provisions of Article L. 716-9 a), which must be interpreted in light of section 9.1 of the Rules supra, are not intended to punish the mere transfer of goods from a third country and destined for another third country (no copyright infringement).

There can be no restraint in customs when the goods alleged infringing, are from a country outside the European Union and to a country also third in the European Union. If they have been placed under any customs procedure, including under the customs transit, it must be considered that these goods are being transhipped, namely temporarily stored in an airport awaiting their return final.

The owner of a registered operator of counterfeit goods is entitled to invoke the provisions of Article L.716-9 of the Intellectual Property Code (CPI) only if the transshipment of counterfeit goods is made "to sell , supply, offer for sale or rent "on French territory such goods, which was not the case here. It is the owner of the mark to determine the placing on the market, or at least a risk of putting on the market of allegedly infringing goods on French territory.

As a reminder, according to Article L.716-9 of the ICC "shall be punished with four years' imprisonment and a fine of 400,000 euros does for any person, to sell, supply, offer for sale or rent goods presented under an infringing mark: a) To import, export, reexport or transship goods presented under an infringing mark. "