1. Legal Provision
2. Purpose of the relevant legislation
The illegal production and distribution of goods infringing intellectual property rights has assumed huge proportions worldwide and appears to be increasing. The disposal of such goods deprives creators of their reward for the work they have created, reduces private initiative for new investments to business development for new products, constitutes a danger to the health and safety of citizens and promote other illegal activities, such as organized crime and money laundering.
The Department of Customs & Excise due to its physical presence at the entrances and exits of the Republic and its exclusive right to carry out checks on goods for which a customs declaration is placed for release for free circulation, export or re-export, or when entering or leaving the customs territory of the Community, placed under suspension or re placed in a free zone or warehouse, plays a leading role in combating offenses against intellectual property. This legislation confirms the above role of the Department, by conferring exclusive competence in the handling of goods infringing intellectual property rights, in particular when there is a prima facie suspicion that the goods:
- are counterfeit
- are pirated
- a patent
- a supplementary protection certificates
- a National or a Community plant variety right
- Intellectual property
- designations of origin and geographical indications
- geographical names
- rights in industrial designs
3. Provisions, procedures and forms
The provisions of the law regarding the rights and obligations of Right Holders, procedures and forms that must be used in the implementation of legislation can be traced on this website.
Rights holders should disclose any information they may have, as well as information on scheduled deliveries. This information should be as detailed as possible to allow the customs authorities to identify suspect shipments and should include information on the destination, the name of the office where the goods are to be imported into the Community or exported from the Community, the ship's name, the name and address of importer, supplier, manufacturer, carriers, consignee or consignor, the number of containers, the shipping company, airline, flight number, registration number of the truck, etc.
Where such information is not included in the application, because it was not known to the rights holder at the time of filing of the application, may be forwarded to the competent office using the forms "Red Alert" or "New Trend".