According to new EU rules, the owner of a product must, in the event of a trademark dispute, prove that the product is not a copy.

In order to fight forgery, the exclusive right is no longer limited to products intended for sale in another member state. The new rules give the proprietor the right to intervene against all products at community borders, even if the end destination is not an EU member state (article 9 (4) of Council Regulation 2015/2424 and article 10 (4) of Directive 2015/2436).

According to the new rules, the owner of the product must prove that the product is not a copy. This means that the burden of proof, which the proprietor has had to sustain until now (according to the Philips and Nokia rulings by the European Court of Justice), instead rests on the owner of the product. The owner of the product must also prove that the proprietor cannot rely on the rules of protection of the country of final destination.