Bulletin n. 1/2017 | ||
June 2017 | ||
Henrique Choer Moraes |
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International Lawmaking By Transgovernmental Networks: Using Domestic Coordination to Address Asymmetries In Participation | ||
in Journal of International Economic Law , Volume 19, Issue 4 , 2016 , 821-843 | ||
By its decision of 1 December 2011,1 the First Chamber of the Court of Justice (ECJ) of the European Union (EU) pronounced on a long-lasting issue concerning the power of customs authorities to seize goods transiting the EU territory under the suspicion of infringement of intellectual property rights (IPRs). The ECJ ruled, inter alia, that goods cannot be seized unless ‘it is proven that they are intended to be put on sale in the European Union’—that is, they can be seized under the suspicion of infringement of IPRs only when it could be established that the goods were not really in transit through the EU but intended for the EU market. By this decision, the ECJ limited to a great extent the reach of the applicable EU legislation that empowered customs authorities to seize goods in transit2 on the basis of a suspected violation of IPRs. | ||