Patent law: Simple transit is not importat
27 Juni 2014
In its decision of 25 June 2014 (Ref. X ZR 72/13), the Federal Supreme Court ruled that the simple transit of patent-infringing goods through the Federal Republic of Germany does not constitute importation for the purpose of placing on the market within the meaning of Sec. 9 Sentence 2 No. 1 PatG, even if the goods are registered for free circulation within the European Union (so-called "T2L procedure"). A patent infringing act is only to be assumed if a sale transaction takes place in Germany or if the goods are imported for this purpose.
The complete decision is available here.