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In a decision that will be welcomed by brand owners struggling to find the source of counterfeit products, the ECJ has ruled that Article 8(3)(e) of the IP Rights Enforcement Directive precluded a national rule that allowed banks to invoke banking secrecy unconditionally to reject requests for information. However, as one commentator observes, this does not mean that rights holders’ interests trump data protection or banking secrecy laws per se.
The decision of the ECJ in Blomqvist v Rolex SA (Case C-98/13), issued this morning, could significantly enhance the rights of trademark owners to seize goods. However, its true impact will only become apparent when national courts apply the theory to the facts.
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