It is now approaching two years since safety alerts were raised in connection with reefer containers designed for use with R134a refrigerant which were re-gassed with counterfeit refrigerant. Happily, the TT Club is not aware of more explosions or injuries. There is no reason, however, to be complacent.
The financial benefits of crime continue to spawn sophisticated methods to defraud society and stay one step ahead of detection. Media and documentaries highlighting fake medication and pesticides, or the lengths taken to copy branded goods evidence how difficult it is to ensure that the right products are being utilised.
It is important for carriers, forwarders and other intermediaries to understand the implications of the European Commission's recent review of its Directive on the Enforcement of Intellectual Property Right when it comes to border procedures.
A remarkable aspect in MSC v Trafigura Beheer (discussed in item 2, just above) was, in the words of Aikens J, the 'international conspiracy' to steal the 18 containers.
