Geography Reference
In-Depth Information
Directive was not designed with this challenge in mind and made a number of
proposals in this regard, which dealt with online copyright piracy.
3. Border control (customs) enforcement of intellectual property rights
7.80
Regulation (EU) No 608/2013 of the European Parliament and of the Council
of 12 June 2013 concerning customs enforcement of intellectual property
rights
45
repealed Council Regulation (EC) No 1383/2003 of 22 July 2003 on
the same subject
46
and is the current European instrument concerned with
customs control of the entry into the EU and the export and re-export from the
EU of goods infringing certain IPRs. This Regulation in the main takes effect
from 1 January 2014.
47
7.81
The Customs Regulation was enacted partly to clarify the earlier customs
regulations which gave effect to the border control provisions of the TRIPS
Agreement. In particular the Customs Regulation expanded the categories of
IPRs within its purview, for example 'trade names' were added as a category of
IPR. More fundamentally, the European Parliament and Council acknow-
ledged the practical importance of customs controls in interdicting the bur-
geoning trade in infringing goods. Thus Recital (3) to the Customs Regulation
points out that enforcing IPRs at the border, wherever the goods are, or should
have been, under customs supervision or customs control is an efficient way to
quickly and effectively provide legal protection to the right holder as well as the
users and groups of producers. 'Where the release of goods is suspended or
goods are detained by customs authorities at the border, only one legal proceed-
ing should be required, whereas several separate proceedings should be required
for the same level of enforcement for goods found on the market, which have
been disaggregated and delivered to retailers.'
(a) Scope
Article 1(1) provides that the Customs Regulation sets out the conditions and
procedures for action by the customs authorities where goods suspected of
infringing an IPR are, or should have been, subject to customs supervision or
customs control within the customs territory of the Union in accordance with
Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code,
48
particularly goods in the following situations:
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45
OJ L 181/15, 29.6.13, pp. 15-34.
46
OJ L 196, 2.8.2003, pp. 7-14.
47
Art 40(2).
48
OJ L 302, 19.10.1992, p. 1, as last amended by Regulation (EC) No 2700/2000, of the European Parliament
and of the Council (OJ L 311, 12.12.2000, p. 17).
