EU Regulation 608/2013 strengthens customs authorities’ ability to take action against counterfeits
1. Background
A new EU Regulation 608/2013 concerning customs enforcement of intellectual property rights entered into force as of 1 January 2014, repealing the previous Regulation 1383/2003/EC. The aim of the New Regulation is to strengthen the powers of customs authorities to detain suspected counterfeit and pirated goods at EU borders. Under the previous Regulation, it was also possible to prevent goods infringing certain intellectual property rights from entering into the EU, with trademarks, copyright, design rights and patents being the main rights protected. Customs authorities could detain goods suspected of infringing intellectual property rights ex officio following routine inspections of goods at the border. Alternatively, goods could be detained after a rights-holder had made an application to the customs authorities describing their authentic goods and intellectual property rights, and asking them to be on the alert for counterfeited and pirated goods.
One of the major weaknesses of the previous regime under Regulation 1383/2003/EC became apparent by the changes in the way counterfeit goods are most commonly traded throughout the EU. In recent years, goods have been increasingly shipped in small consignments from countries such as China (which is an active producer of counterfeit goods) to end users in the EU. This has made customs enforcement increasingly difficult and time consuming for rights-holders as they have been forced to contact each declarant of detained goods and request that they agree to the destruction of the goods. Dealing with small consignments has in many cases been excessively time-consuming, even us...
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...d their actions in case the rights-holder does not meet certain obligations, e.g. obligations to provide required information, and to compensate certain costs.
4. Conclusion
Making an application to customs is a cost-effective way for rights-holders to remove counterfeit and pirated goods from circulation in the EU. After ten years of the current customs regime, the New Regulation provides rights-holders further protection with the broadened scope of rights protected and simplified procedures for destroying infringing goods.
However, to fully benefit from these improvements, rights-holders need to increasingly invest in providing sufficient information in the application for action. At the same time, the New Regulation may mark a good opportunity for rights-holders to broaden the scope of their applications and re-consider their existing customs strategy in the EU.
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