“Goods coming from a non-EU state which were imitations of goods protected in the European Union by a trade mark or copies of goods protected in the EU by copyright could not be classified as “counterfeit goods” within the meaning of Council Regulation 3295/94/EC (as amended) merely on the basis that they had been brought into the customs territory of the EU under suspensive procedure. However, if it was proved that those goods were intended to be put on sale in the EU, they were classified as ‘counterfeit’.”
WLR Daily, 1st December 2011
Source: www.iclr.co.uk
