Subject matter and Scope:
The proposed Regulation, in replacement of Regulation (EC) no. 1383/2003, aims to ensure that customs measures and procedures concerning border enforcement of IPR are effective and consistent with all relevant legal obligations. Thus, it includes certain provisions that strengthen the enforcement of intellectual property rights and at the same time clarifies any provision which might have perceived as an imbalance in administrative procedures.
Definition of Intellectual Property Rights:
The scope of context of intellectual property rights is broaden by including, the rights provided by Regulation (EC) no. 1383/2003, parallel trade, topographies of semiconductor products, utility models, devices to circumvent technological measures and any exclusive intellectual property right established by EU regulation.
Applications for Action by the Customs Authorities:
Any person, whether or not the right holder, who is able to initiate legal proceedings respect to a possible infringement of the right, is entitled to submit an application for action, requesting action by the customs covering either the whole territory of the Union or a number of Member States.
Provisions Governing Action by the Customs Authorities: In situations where customs authorities have «reasonable indications», that goods under their supervision infringe intellectual property rights may proceed to the suspension of release or detention of goods whether at their own initiative or upon application, in order to enable the persons entitled to submit an application for action.
Destruction and initiation of proceedings:
(a) In cases where infringements are easy to identify upon mere visual examination and the owner of the goods is not opposed, customs authorities should proceed to the destruction of the goods without being obligated to initiate proceedings to establish whether an intellectual property right has been infringed.
(b) A special procedure is anticipated regarding small consignments of counterfeit and pirated goods, which allows the goods to be destroyed without the agreement of the right – holder.