Brussels, 06/02/2014 (Agence Europe) - For the sale of counterfeit goods, intellectual property holders can be granted protection by the EU, even if the sale took place on an online website in a non-EU country. In a ruling on 6 February in case C-98/13, the European Court of Justice explained this to a Danish court dealing with a dispute between an individual living in Denmark who bought something in good faith for his own personal use from a Chinese website - a Rolex watch that turned out to be a fake - and the Rolex company, which demanded the destruction of the watch without compensation on the grounds that it had to protect its intellectual property rights. The Danish court asked the Court of Justice whether the Chinese retailer had violated copyright and trademark law in Denmark (which would mean that the sale would have to be considered in Denmark as a type of sale to the general public or use in business life); and whether, before the sale, the goods had been included in advertising or an offer for consumers in Denmark. The Court of Justice says that fake goods from outside the EU can be viewed as “counterfeit goods” when it is proven that they are destined for sale in the EU, in other words, when the goods have been sold to a customer in the EU or subject to a sales offer or publicity aimed at consumers in the EU. The Court says that the fact that the sale took place online in a non-EU country does not deprive intellectual property holders of their rights and they can gain the protection guaranteed by the EU regulation on customs (1383/2003) simply due to the fact that the disputed goods have been bought. The Court of Justice adds that it is not necessary for the goods, before the sale, to have been included in a sales offer or advertising aimed at consumers in the Denmark. (FG/transl.fl)