Geography Reference
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(3) a Union application: holders of exclusive licenses covering the entire territory of
two or more Member States, where those licence holders have been authorised
formally in those Member States by the right-holder to initiate proceedings in
order to determine whether the intellectual property right has been infringed.
(c) Intellectual property rights covered by Union applications
Article 4 provides that a Union application may be submitted only with respect
to IPRs based on Union law producing effects throughout the Union. This
would include the Community Trade Marks Regulation and the GIs regu-
lations.
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(d) Submission of applications
i. Designated customs department
Article 5(1) provides that each Member State shall designate the customs
department competent to receive and process applications ('competent customs
department'). This is to be notified to the Commission and the Commission
shall make public a list of competent customs departments designated by the
Member States.
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ii. Application form
Article 5(2) requires that applications shall be submitted to the competent
customs department. The applications shall be completed using the form
referred to in Art 6 and shall contain the information required therein.
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iii. Application following customs identification of alleged infringement
Article 18(3) refers to a procedure under which the customs authorities shall
notify persons or entities entitled to submit an application concerning the
alleged infringement of the IPRs, of the suspension of the release of the goods
or their detention. Article 5(3) provides that in this situation the application for
detention shall comply with the following:
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(a)
it is submitted to the competent customs department within four working
days of the notification of the suspension of the release or detention of the
goods;
(b)
it is a national application;
(c)
it contains the information referred to in Art 6(3). The applicant may,
however, omit the information referred to in point (g), (h) or (i) of that
paragraph.
