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Physical markets can be forced to stop sales of fakes - CJEU

James Nurton, London


The operator of a physical market is an intermediary under the EU Enforcement Directive, and is subject to the same requirements as the operator of an online marketplace, the Court of Justice of the EU has ruled

In its judgment in Tommy Hilfiger Licensing and others v Delta Center (Case C-494/15) published on July 7, the Court said that the meaning of "intermediary" in Article 11 of the Directive encompasses "the tenant of market halls...


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