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Case C-355/21: Judgment of the Court (Ninth Chamber) of 13 October 2022 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Perfumesco.pl sp. z o.o., sp.k. v Procter & Gamble International Operations SA (Reference for a preliminary ruling — Intellectual property — Directive 2004/48/EC — Enforcement of intellectual property rights — Article 10 — Corrective measures — Destruction of goods — Concept of ‘infringement of an intellectual property right’ — Goods bearing an EU trade mark)
ECLI:EU:UNKNOWN:62021CA0355
62021CA0355
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Official Journal of the European Union
C 463/9
(Case C-355/21) (1)
(Reference for a preliminary ruling - Intellectual property - Directive 2004/48/EC - Enforcement of intellectual property rights - Article 10 - Corrective measures - Destruction of goods - Concept of ‘infringement of an intellectual property right’ - Goods bearing an EU trade mark)
(2022/C 463/11)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Perfumesco.pl sp. z o.o., sp.k.
Defendant: Procter & Gamble International Operations SA
Intervener: Rzecznik Praw Obywatelskich
Operative part of the judgment
Article 10(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights,
must be interpreted as:
precluding the interpretation of a provision of national law according to which a protective measure in the form of the destruction of goods may not be applied to goods which have been manufactured and to which an EU trade mark has been affixed, with the consent of the proprietor of that mark, but which were placed on the market in the European Economic Area without his or her consent.
(1) OJ C 357, 6.9.2021.
Language of the case: Polish
ECLI:EU:C:2022:140