The telephone manufacturer Nokia sought to enforce its copyright
in its instruction manuals against a parallel importer who obtained
Nokia telephones in Greece and, without obtaining Nokia's permission,
made its own copies of Nokia's French language instruction manual
for supply with such telephones. Under the EU's free flow of goods
doctrine it was clear that since the telephones were initially
put on the market in Greece by Nokia, Nokia had no basis for objecting
to the import of the telephones themselves into Belgium or their
sale in Belgium. The Brussels Tribunal Civil rejected the copyright
claim as being an abuse of the copyright "if any" in the instruction
manual since in the court's view, the action was one intended
to prevent parallel distribution of authentic products, stating
that copyright protection "must be refused where rights are wrongfully
exercised in such a way as to maintain or establish artificial
partitioning within the Common Market". Indeed the court seemed
to imply that where goods were known to be likely to circulate
in the EU the manufacturer ought to supply instructions for use
"in at least several common languages understood by buyers".

