Geography Reference
In-Depth Information
infringing goods seized at the border.
114
Such an approach to goods that have
already been found to be counterfeit trade mark goods would amount to a
margin of tolerance of further infringement that was not consistent with the
objective of Art 46 of creating an effective deterrent. Consequently, the Panel
concluded that the customs measures were inconsistent with Art 59 of the
TRIPS Agreement, as it incorporates the principle set out in the fourth
sentence of Art 46.
115
(j) Procedure for the destruction of goods in small consignments
Article 26(1) provides that this Article shall apply to goods where all of the
following conditions are fulfilled:
7.210
(a)
the goods are suspected of being counterfeit or pirated goods;
(b)
the goods are not perishable goods;
(c)
the goods are covered by a decision granting an application;
(d)
the holder of the decision has requested the use of the procedure set out in
this Article in the application;
(e)
the goods are transported in small consignments.
'Small consignment' is defined in Art 2(19) as 'a postal or express courier
consignment, which:
7.211
(a)
contains three units or less; or
(b)
has a gross weight of less than two kilograms.
For the purpose of point (a), 'units' means goods as classified under the
Combined Nomenclature in accordance with Annex I to Council Regulation
(EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature
and on the Common Customs Tariff
116
if unpackaged, or the package of such
goods intended for retail sale to the ultimate consumer.
7.212
For the purpose of this definition, separate goods falling in the same Combined
Nomenclature code shall be considered as different units and goods presented
as sets classified in one Combined Nomenclature code shall be considered as
one unit.
114
Ibid, at para 7.392.
115
Ibid, para 7.394.
116
OJ L 256, 7.9.1987, p. 1.
