The European Parliament has approved a new Regulation to give Customs authorities extended powers to detain counterfeit or pirated goods at the borders of the European Union. Regulation 608/2013, which repeals the current Regulation 1383/2003, concerns customs enforcement of intellectual property rights (IPR) and applies from 1 January 2014.
The new Customs Regulation could, in certain specific circumstances, apply to counterfeit or pirated goods in transit. After such goods are detained, the consignee, consignor, the declarant or the holder of such goods, seeking their release, would be required to prove, in a court of law, that the counterfeit or pirated goods are destined for a country outside the EU market.
The new regulation includes infringements such as confusingly similar trade marks. It expands the list of protected rights to trade names, topographies of semiconductor products, utility models, devices to circumvent technological measures and non-agricultural geographical indications.
A simplified procedure for the destruction of goods infringing IPR will also be made mandatory in all Member States.
To access the regulation text, please click here.
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