Moving forward: the new trade mark provisions on goods in transit

Abstract

After years of vigorous debate, agreement on the EU trade mark package was finally reached. On 23 December 2015, Trade Mark Directive 2015/2436 was published. 1 One day later, on 24 December 2015, EU Trade Mark Regulation 2015/2424 followed. 2 Article 9(4) of the EU Trade Mark Regulation 2015/2424 and Article 10(4) of the Trade Mark Directive 2015/2436 are the focus of our commentary. Both provisions introduce a new category of trade mark infringement and broaden the scope of trade mark protection. Next to the common and well-known existing types of exclusive rights conferred to the trade mark proprietor, a new exclusive right is added, namely the right to act against goods in transit. ... A solution to the transit issue was necessary in the aftermath of the judgment of the Court of Justice of the European Union (CJEU) in the Philips/Nokia case 3 .