The amendment in the Law on Marks and GIs prevents the application of administrative-penal provisions with regard to goods in transit
A new paragraph 6 has been added to article 81 of the Law on Marks and Geographical Indications, promulgated in the Official Gazette N0 19/23.06.2010. The amendment prevents the application of administrative-penal provisions with regard to goods in transit. Before the amendment of the law, the Patent Office has already established a practice in refusing to initiate administrative proceedings in cases where counterfeit goods under transit regime were seized by the authorities. The above precedent has been based on the principle that the more favorable approach has to be applied in cases where the legal amendment predates the Penal enactment.
