CLASS 46
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THURSDAY, 6 OCTOBER 2011
Valencia court takes jurisdiction over fakes in transit
In March of this year, the Court of Appeal in Valencia, Spain, accepted Spanish criminal jurisdiction in a case in which the Spanish customs authorities retained thousands of counterfeit goods coming from China and destined for Italy. The shipment, which originated in China, was supposed to enter the European Union through Valencia and continue on to Italy. Local Customs officers, who discovered the goods in a regular customs inspection, seized them under EU Regulation 1383/2003 on the ground that they infringed the Barcelona football club's Community trade mark in its shield emblem. FC Barcelona was notified accordingly.
Tags: Customs, detention of goods, Spain,
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Valencia court takes jurisdiction over fakes in transit
When it proved impossible to locate the consignee tin order to apply the simplified procedure set out in the Regulation, FC Barcelona initiated proceedings before the Valencia criminal courts. The Valencia Criminal Court Number One discontinued proceedings on the ground that it had no jurisdiction: since the goods were not destined for Spain but Italy, proceedings should instead be initiated before the Italian courts, where the consignee was located.
The Valencia Court of Appeal reversed this ruling and accepted Spanish jurisdiction, being influenced by the consideration that, while the goods were destined for Italy, once they entered Spain they could have easily been commercialised there.
Posted by: Blog Administrator @ 09.11Source: "Jurisdiction over counterfeit goods destined for another EU member state", written by Marta Giménez-Zapiola (Grau & Angulo) for International Law Office, 3 October 2011
Tags: Customs, detention of goods, Spain,
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