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Analysis: Relief and concern for brand owners

James Nurton, London


First the good news: it will be easier for Customs to detain goods in transit following today’s Court of Justice ruling in the Nokia and Philips cases

Now the bad news: it will be harder for IP owners to prove infringement in court, as the CJEU has destroyed the so-called production fiction doctrine.

In its judgment today, the Court addressed two questions regarding EU Customs Regulations, referred...


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