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Abstract
In a judgment published on February 6 in Martin Blomqvist v Rolex regarding the 2003 EU Customs Regulation, the Court said that counterfeits bought by consumers in an EU state from outside the EU can be seized by Customs: "It is not necessary, in addition, for the goods at issue to have been the subject, prior to the sale, of an offer for sale or advertising targeting consumers of that State."
Hanne Weywardt, a partner of MAQS Law Firm in Copenhagen and vice-chair of the Danish Anti-Counterfeiting Group described the ruling as fantastic news for brand owners. The case concerned a watch ordered by Blomqvist, who lives in Denmark, from the English website of a Chinese shop. The watch was sent from Hong Kong but, when inspected by Danish Customs, was found to be counterfeit and was seized.