On 25 February, the European Parliament voted on the package, including some important amendments. The new provisions adopted by the European Parliament deviate from the current system and will allow customs to stop counterfeit goods even if destined for a country outside the EU.
The current EU legal framework on trademarks encompasses the Trademark Directive, which harmonizes national laws, and the Trademark Regulation, which established the Community Trade Mark and the Office for Harmonization in the Internal Market (OHIM).
The European Commission tabled a reform package in March 2013 following the results of a study, which encompassed a new regulation and a recasting of the Directive, as well as draft modifications to OHIM's fees.
Among other things, the reform would involve lowering costs, simplifying and accelerating procedures, and increasing predictability and legal security, as well as ensuring better coordination between OHIM and national offices. The proposal expands the scope of the Directive, to align it with the (broader) scope of the Regulation and thereby extend the harmonization of national trademark laws.
One of the most debated issues in this “package” has been on how to tackle counterfeit goods in transit. Since the Philips/Nokia Ruling (C 446 and 495/09) in 2011, under EU law European customs can check counterfeit goods transiting the EU but can only stop them if there is a risk of these goods entering the Single Market.
On 25 February, the European Parliament voted on the package, including some important amendments. The changes relate to the situation of goods in transit. The new provisions adopted by the European Parliament deviate from the current system and will allow customs to stop counterfeit goods even if destined for a country outside the EU, and will not affect the trade of legitimate goods under the EU’s World Trade Organization (WTO) international obligation.
No date has yet been set for a first reading before the Council. It is expected that no political agreement will be reached before the European elections in May 2014.
