Intellectual property rights — customs enforcement

 

SUMMARY OF:

Regulation (EU) No 608/2013 on customs enforcement of intellectual property rights

WHAT IS THE AIM OF THE REGULATION?

The regulation provides revised procedural rules for customs authorities to enforce intellectual property rights (IPR) on goods liable to customs supervision or customs control. It replaces Regulation (EC) No 1383/2003.

KEY POINTS

This regulation particularly covers goods in the following situations:

It sets out procedures for applications to determine whether an IPR has been infringed. For the purposes of the regulation, an IPR could include:

The regulation:

To reduce administrative burden, the regulation:

In addition, the regulation:

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 1 January 2014, with some exceptions.

BACKGROUND

A Commission notice relates to the trade mark package adopted in 2015:

See also:

KEY TERMS

Free zone or warehouse: special area or warehouse within the customs territory of the EU which is exempt from custom duties. For more information, please check the relevant list.

MAIN DOCUMENT

Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, pp. 15-34)

RELATED DOCUMENTS

Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification) (OJ L 154, 16.6.2017, pp. 1-99)

Commission notice on the customs enforcement of Intellectual Property Rights concerning goods brought into the customs territory of the Union without being released for free circulation including goods in transit (OJ C 244, 5.7.2016, pp. 4-9)

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (general data protection regulation) (OJ L 119, 4.5.2016, pp. 1-88)

Successive amendments to Regulation (EU) No 2016/679 have been incorporated into the original text. This consolidated version is of documentary value only.

Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (recast) (OJ L 336, 23.12.2015, pp. 1-26)

See consolidated version.

Council resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan (OJ C 253, 4.10.2008, pp. 1-2)

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30.4.2004, pp. 45-86). Text republished in corrigendum (OJ L 195, 2.6.2004, pp. 16-25)

See consolidated version.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — A single market for intellectual property rights: boosting creativity and innovation to provide economic growth, high-quality jobs and first-class products and services in Europe (COM(2011) 287 final, 24.5.2011)

last update 08.12.2017