EU Customs IPR Enforcement Legislation Review

Commission Consultation on Successor to Regulation 1383/2000

The European Commission is currently in the process of reviewing Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights.

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Situation

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Tasks

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Chronology

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Timeline

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Resources

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The Council has asked for revision of the existing regulation with regard to

  1. The need for clarification of the situations in which customs may take action, in conjunction with the possible infringements of rights conferred to the right holder by substantive law.
  2. The provisions concerning small consignments involving goods suspected of infringing IPR.
  3. The implementation of a simplified procedure, enabling customs authorities to have infringing goods abandoned for destruction under customs control, without there being any need to determine whether an intellectual property right has been infringed.
  4. The costs of storage and destruction of goods and the concerns raised by right holders regarding their financial responsibilities under the current regulation.

Timeline

  • 2010-05-25 Deadline for Commission Consultation

Resources

- Customs IPR Review Consultation Paper

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