C- 449/09

Canon Kabushiki Kaisha v IPN Bulgaria

This case raises the following question which has been sent to the Court of Justice for a Preliminary ruling:

How is Article 5(3) (c) of Directive 89/104 to be interpreted: Does it relate to importation or exportation of original goods which have been manufactured and put on the market by the proprietor of the right to the protected trade mark, or to importation and exportation of goods which imitate the trade mark of the proprietor of the right to the protected trade mark, that is to say counterfeit goods, which were not manufactured by the proprietor of the right to the protected trade mark?