Business community welcomes European Parliament vote on counterfeit goods in transit

A long list of trade organizations representing thousands of companies across all industry lines and sectors (including the research-based and generic drugs sectors), issued a joint statement welcoming today’s vote by the European Parliament of robust measures to fight the transit of trade m ark counterfeit goods in the European Union as part of a wider review of the European Union trade mark legislation.

Trade mark counterfeiting is a global, pervasive and serious hindrance to growth and jobs, and often a threat to citizen health and safety. The capacity of European customs to act is essential in this fight against the trade of counterfeits.

Since the Philips/Nokia Ruling (C‑446 and 495/09) in 2011, under EU law, European customs can check counterfeit goods transiting through the EU but can only stop them if there is a risk of these goods entering into the Single Market. This means in practice that customs are powerless against counterfeit goods on route to a third country, and must let them go, at the risk of these goods being illegally diverted back into the EU.