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Adidas AG , Case 223/98 (Adidas) October 14, 1999

Facts: Adidas AG brought an action against the Arlanda Customs office which refused to disclose the identity of a counterfeiter of Adidas goods pursuant to the Swedish legislation on the protection of confidential information of an individual's personal or financial circumstances obtained in the course of customs. Adidas AG relied on Council Regulation (EC) No. 3295/94 which enables the holder of the right and victim of counterfeit of goods to get personal information of the declarant, in accordance with national provisions on the protection of personal data

Issue: whether the right to privacy could prevail against Council Regulation 3295/94 which regulated the movement of goods infringing intellectual property rights

Held: the ECJ held that the Regulation could not preclude the disclosure of the personal information of the counterfeiter to the holder of the right of the information, namely Adidas AG.

Reasoning: the rightholder must be able to obtain the information needed to take the appropriate steps. However any other inappropriate use of the information shall incur liability under the law of the Member State in which the goods have been found, pursuant to the Regulation

 

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