Geography Reference
In-Depth Information
7.123
Article 6(3) directs the Commission to ensure that the following information is
required of the applicant in the application form:
(a) details concerning the applicant;
(b) the status, within the meaning of Art 3, of the applicant;
(c) documents providing evidence to satisfy the competent customs department that
the applicant is entitled to submit the application;
(d) where the applicant submits the application by means of a representative, details of
the person representing him and evidence of that person's powers to act as
representative, in accordance with the legislation of the Member State in which the
application is submitted;
(e) the IPR or rights to be enforced;
(f ) in the case of a Union application, the Member States in which customs action is
requested;
(g) specific and technical data on the authentic goods, including markings such as
bar-coding and images where appropriate;
(h) the information needed to enable the customs authorities to readily identify the
goods in question;
(i) information relevant to the customs authorities' analysis and assessment of the risk
of infringement of the IPR or the IPRs concerned, such as the authorised
distributors;
(j) whether information provided in accordance with point (g), (h) or (i) of this
paragraph is to be marked for restricted handling in accordance with Art 31(5);
(k) the details of any representative designated by the applicant to take charge of legal
and technical matters;
(l) an undertaking by the applicant to notify the competent customs department of any
of the situations laid down in Art 15;
(m) an undertaking by the applicant to forward and update any information relevant to
the customs authorities' analysis and assessment of the risk of infringement of the
IPR(s) concerned;
(n) an undertaking by the applicant to assume liability under the conditions laid down
in Art 28;
(o) an undertaking by the applicant to bear the costs referred to in Art 29 under the
conditions laid down in that Article;
(p) an agreement by the applicant that the data provided by him may be processed by
the Commission and by the Member States;
(q) whether the applicant requests the use of the procedure referred to in Art 26 and,
where requested by the customs authorities, agrees to cover the costs related to
destruction of goods under that procedure.
91
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data
(
OJ L 281,
23.11.1995, pp. 31-50).
