The Nokia and Philips cases

The CJEU has handed down its judgments in the English case of Nokia (Case C495/09) and the Belgian case of Philips (Case C-446/09).  These are now the leading cases on the interpretation and application of the EU's counterfeiting regulation (Regulation 1383/2003) and establish that there must be evidence of actual or prospective diversion of goods in transit before they can be seized by Customs as potential counterfeit or pirate goods.  Tom de la Mare successfully acted for HMRC against Nokia at first instance before Kitchin J, in the Court of Appeal and in the CJEU in Nokia and represented the UK in the linked Philips case.