Damesbroeken (2)

Bijdrage van Frank Eijsvogels (Howrey LLP) over het arrest van het Hof van Justitie in de zaak Montex/Diesel (lees arrest hier).

"As it has not been argued in the German proceedings that the German court should determine whether the jeans coming from Poland and destined for Ireland qualify as 'goods infringing an intellectual property right' by applying the same criteria used to establish whether a trade mark right would have been infringed in Germany if these jeans would have been manufactured in Germany, and as the ECJ has not taken Article 6(2)(b) of Regulation 3295/94 into consideration in its decision, the decision in Montex/Diesel is not relevant for the meaning of Article 6(2)(b) of Regulation 3295/94 and of Article 10 in conjunction with recital 8 of Regulation 1383/2003. Therefore, the decision of the Supreme Court of 19 March 2004 in Philips/Princo c.s. is still relevant."

Lees hier meer.