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AG rejects production fiction in Philips case

James Nurton, London

Courts in EU member states should not ignore the in-transit status of goods when ruling whether they infringe IP rights, the Advocate General of the Court of Justice said today

Writing an opinion in combined cases involving Philips and Nokia, Advocate General Cruz Villalón dismissed the “production fiction” interpretation. This treats non-Community goods in transit as though they had been manufactured in, and are subject to the laws of, the...

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