Imminent application of the new EU regulation on customs surveillance against counterfeiting

On January 1, 2014 it will begin to be applied in the EU
the new Regulation no. 608/2013 customs surveillance in protection of
industrial and intellectual property.

The objective of this type of border measures is to prevent
the presence of counterfeit products on the EU market and adopt the
necessary measures to retain goods that infringe the rights of
industrial and intellectual property, without affecting the trade of products
legitimate.

Protected rights by the new Regulation No. 608/2013: trademarks,
industrial designs, copyright or related rights, indications
geographical, patents, complementary protection certificates for
medicines and for phytosanitary products, plant varieties,
semiconductor product topographies, utility models and names
commercial purposes, as well as devices for the circumvention of technological measures of
copyright protection and molds or dies for the manufacture of
infringing goods. are excludedBasically, the goods do not
commercial documents contained in the personal luggage of travelers,
parallel imports and unauthorized overproduction.

The presentation of requests for intervention is expected in format
electronic, using the forms that will be published this month
December of 2013.

In view of the latest trends in the distribution of
counterfeit products (Internet purchases), a new proceedings
for the destruction of small shipments of merchandise. Small shipment defined
such as shipment made by postal mail or courier services that
contains three or fewer units or has a gross weight of less than 2 kg. Depending on
this procedure, customs will notify the retention of the package to your
recipient without contacting the owner of the intellectual property right
or industrial and will grant the first a period of 10 days to consent to its
destruction. If within this period you do not oppose the destruction, the goods will be
destroyed.

Likewise, it establishes the destruction procedure
mandatory (optional in the old Regulation) when the
following conditions: a) that within 10 days the owner of the right
has communicated to customs his conviction that his right has been violated and
request the destruction of the products, after having carried out the inspection
of the same, and b) that within a period of 10 days the owner of the goods
has authorized the destruction of the products or has not opposed
expressly to it.

The possibility of early release of
goods before the conclusion of the judicial procedure in case of
industrial designs, patents, utility models, product topographies
semiconductors or plant varieties, provided that the owner of the goods
has provided sufficient guarantee to protect the interests of the owner
of the law and that the competent judicial authority has not authorized any
caution.

La responsibility of the owner of the right to
Any holder of goods that has suffered damage is limited to the
following cases: a) when the procedure is suspended due to action or
omission of the right holder, b) when the samples are not returned or
are damaged and c) when it is subsequently verified that the goods
retained do not violate intellectual or industrial property rights.

The owner of the intervention will reimburse the costes
incurred by customs authorities or other parties acting in
your name (for storage, handling and destruction) and will assume the costs of
the necessary translations. The expenses may be passed on to the offender or
other persons in accordance with national law.

We trust that the new Regulation will contribute to a better
protection of industrial and intellectual property and the stimulation of
creation, technological innovation and competitiveness of EU companies,
avoiding harm to law-abiding merchants and to health and
consumer safety.