The new EU Customs Regulation comes in to force from 1 January 2014. Regulation 608/2013 replaces Regulation 1383/2003, and sets out new procedures in relation to enforcement of intellectual property
The new EU Customs Regulation comes in to force from 1 January 2014. Regulation 608/2013 replaces Regulation 1383/2003, and sets out new procedures in relation to enforcement of intellectual property rights by Customs.
The changes in the new Regulation will, in the most part, be welcomed by right-holders as they reduce the administrative burden involved in enforcing the destruction of counterfeit goods intercepted by Customs officers. Full details of the changes can be found here.
The headline points are as follows:
Unfortunately, the new Regulation does not address rights-holder concerns such as dealing with goods in transit, parallel imports and/or overruns.
What do you need to do?
Any Customs Watch Notice currently in place that expires after 1 January 2014 cannot be extended for a further period. In order to protect their rights under the new Regulation and ensure continuity of protection, right-holders must submit a new application prior to the expiry of their existing action.
This is a good opportunity for right-holders to consider their existing Customs strategy. For example, it may be an opportune time to broaden the scope of your Watch Notice to include additional intellectual property rights (such as new trade mark registrations) or to update details about the pattern of counterfeiting to better arm Customs authorities and encourage more action.
A copy of the new Regulation can be found here.
The changes in the new Regulation will, in the most part, be welcomed by right-holders as they reduce the administrative burden involved in enforcing the destruction of counterfeit goods intercepted by Customs officers. Full details of the changes can be found here.
The headline points are as follows:
- new rights protected: trade names, semiconductor topographies, utility models and circumvention devices will all now be covered, and the scope of the new Regulation will also cover similar marks and infringements under Articles 9(1)(b) and (c);
- compulsory simplified procedure: all Member States must implement a simplified procedure (already adopted by the UK and some other Member States);
- special procedure for small consignments: if right-holders opt in then, in certain circumstances, Customs will be able to destroy suspected counterfeit or pirate goods in small consignments without the need for the right-holder's involvement; and
- use of information provided by customs: the new Regulation will enable information provided by Customs to be used more widely by rights-holders.
Unfortunately, the new Regulation does not address rights-holder concerns such as dealing with goods in transit, parallel imports and/or overruns.
What do you need to do?
Any Customs Watch Notice currently in place that expires after 1 January 2014 cannot be extended for a further period. In order to protect their rights under the new Regulation and ensure continuity of protection, right-holders must submit a new application prior to the expiry of their existing action.
This is a good opportunity for right-holders to consider their existing Customs strategy. For example, it may be an opportune time to broaden the scope of your Watch Notice to include additional intellectual property rights (such as new trade mark registrations) or to update details about the pattern of counterfeiting to better arm Customs authorities and encourage more action.
A copy of the new Regulation can be found here.