Advocate general opinion in Nokia: a blow for trademark owners?

Advocate General Cruz Villalón’s
opinion in Nokia Corporation v
Her Majesty's Commissioners of
Revenue and Customs (Case C-
495/09), concerning the
interpretation of the EU
legislation governing actions by
the customs authorities against
infringements of IP rights
where goods are in the ‘external
transit’ procedure, has stated
the need for “the beginnings of
some proof” that goods may
infringe an IP right.