We understand that Nokia v HMRC is currently under appeal to the Court of Appeal, and that the appeal will be heard later this month. It is now the authors' intention to submit for publication in JIPLP a revised version of this paper, which will take into account the decision and the reasoning of the Court of Appeal. In the meantime, it is being posted on this blog so that interested readers can view the draft and make pertinent comments concerning it to the authors.
The full text of the draft article can be accessed as a Word document here and its authors, Frank Eijsvogels and Willem Hoyng, can be contacted via the website of Howrey LLP's Amsterdam office.
JIPLP subscribers should be aware that a Current Intelligence note on the High Court decision in this case ("Fakes in Transit Would Not be Counterfeits" by editorial panellist Marius Schneider) will be published in the journal's January 2010 issue and will shortly be made available online through JIPLP's Advance Access service. Marius, incidentally, will be guest-editing the May 2010 issue of the journal, which will have a special focus on anticounterfeiting and enforcement measures such as those which are addressed in this article.