EU: Council concerned about ECJ Ruling

During an Internal Market Council meeting at the end of September, MS have expressed concerns over a recent ECJ ruling on parallel imports and trade mark laws. Following calls from Sweden, EC Ministers may consider the need to amend EU trademark legislation to make it easier for consumers to understand. Concerns were initially raised following a statement by the ECJ on the ‘Silhouette case’, in which the holder of a trademark could ban the use of that mark in the EU where vendors have not sought the holders’ prior consent. MS feel that this ruling could have an adverse effect on the free movement of goods and services and therefore, with support from Denmark, Finland and the UK, the Council is due to hold further discussions at its next meeting.