On 1 December 2011, the Court of Justice of the European Union (CJEU) issued its judgment in two joined cases involving Koninklijke Philips Electronics NV (C-446/09) and Nokia Corporation (C-495/09). This judgment clarifies the conditions for the customs authorities to detain or suspend the release of goods placed under suspensive procedures in order to enforce intellectual property rights (IPR). It also addresses the requirements for the authorities competent to decide, after the temporary detention or suspension of release, whether there is an actual infringement of IPR.
Global Trade and Customs Journal