The Court of Justice has held that the Community legislation concerning the importation of counterfeit and pirated goods precludes a provision of national law which prevents the identity of the declarant or the consignee of imported goods from being disclosed to the trade-mark owner
Community law lays down rules to prevent counterfeit and pirated goods from being placed on the market. It defines the conditions under which the customs authorities are to take action in respect of such goods.
Swedish legislation on the protection of confidential information provides that information concerning an individual's personal or financial circumstances which is obtained in the course of a customs inspection, is to be kept confidential. An exception is made for information not causing any damage for the individual concerned.
Adidas is the holder in Sweden of a trade mark for various sports articles, sports wear and leisure wear. It brought an action against the refusal of the Arlanda customs office to disclose to it the identity of the consignee of goods suspected of being counterfeits of Adidas brands.
The national court asked the Court of Justice the following question: Does Community law preclude national legislation which prevents the disclosure of such information which may result in damage for the individual concerned?
The Court found that the essential function of the Community legislation in question is to prevent counterfeit and pirated goods from being placed on the market. Effective application of that legislation depends on the information supplied to the holder of the intellectual property right who is seeking to prevent counterfeit or pirated goods from being put into circulation. If the identity of the declarant and/or the consignee of the goods cannot be disclosed to him, it will be impossible for him to refer the case to the competent national authority.
The Court pointed out that the holder of the right may only use the information disclosed by the customs office in order to make a reference to the national authority capable of prohibiting the goods in question from being put into circulation. If the holder uses the information for other purposes, he may incur liability for any damage suffered.
Unofficial document for media use, which is not binding on the Court of Justice. Languages available: German, English, French, Italian and Swedish.
For the full text of the judgment, please consult our Internet site www.curia.eu.int around 3pm today.
For further information please contact Fionnuala Connolly, tel: (352) 4303-3355 fax: (352) 4303 2731