A More Effective and Wider Customs Regulation? | Fieldfisher
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A More Effective and Wider Customs Regulation?

09/07/2013
In a spot of good news for rightsholders a new Customs Enforcement Regulation will come into force in January 2014.  The main changes are:(i)     the extension of the regime to cover more IPRs and In a spot of good news for rightsholders a new Customs Enforcement Regulation will come into force in January 2014.  The main changes are:

(i)     the extension of the regime to cover more IPRs and types of infringement;
(ii)    the adoption of the existing simplified procedure throughout the EU; and
(iii)   the introduction of a new even more simplified procedure in respect of small consignments.

The new Regulation also helpfully expands the situations in which rightsholders are able to make use of information obtained from Customs.  While the new rules did not go quite as far as some rightsholders had hoped (parallel imports and unauthorised overruns, for example, remain excluded), the new rules will enable Customs to seize a wider range of goods at borders and will reduce the administrative burden on rightsholders, especially in relation to small consignments of counterfeit or pirate goods.

Please see our further discussion on the new Regulation here.

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