Clinique happy, Federal Court of Justice (Bundesgerichtshof), 25 April 2012
Kluwer Patent Blog
February 22, 2013
Please refer to this post as:, ‘Clinique happy, Federal Court of Justice (Bundesgerichtshof), 25 April 2012’, Kluwer Patent Blog, February 22 2013, http://patentblog.kluweriplaw.com/2013/02/22/clinique-happy-federal-court-of-justice-bundesgerichtshof-25-april-2012/
The uninterrupted transit of goods designated with a trademark that is protected in Germany does not constitute an infringement of the trademark right according to German law. Should the trademark be protected in the country of destination, a foreign IP right will not be protected, owing to the principle of territory of property rights, as “property” under German tort law. Consequently, transit does not constitute a partial tortious act under German tort law. A precautionary claim to cease and desist import may exist pursuant to the law of the country of destination.
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