Just published
el draft on protection of intellectual/industrial property rights in customs which will be voted on by the Parliamentary Committee on the Internal Market and
Consumer Protection on January 24. This new regulation
would regulate the conditions and procedures for suspension of the office of
goods suspected of infringing intellectual and industrial property rights.
el draft on protection of intellectual/industrial property rights in customs which will be voted on by the Parliamentary Committee on the Internal Market and
Consumer Protection on January 24. This new regulation
would regulate the conditions and procedures for suspension of the office of
goods suspected of infringing intellectual and industrial property rights.
after approval
of the Committee, a second vote is planned in the plenary session of Parliament in
April. The new text will replace the regulation contained in the
Regulation 1383 / 2003.
of the Committee, a second vote is planned in the plenary session of Parliament in
April. The new text will replace the regulation contained in the
Regulation 1383 / 2003.
Although the draft
does not collect claims historical of rights holders such as
detentions of goods in transit or the elimination of
responsibility of the holders in the reimbursement of expenses for the shares
customs, some changes are introduced that may be advantageous for the
control of counterfeits in community customs:
does not collect claims historical of rights holders such as
detentions of goods in transit or the elimination of
responsibility of the holders in the reimbursement of expenses for the shares
customs, some changes are introduced that may be advantageous for the
control of counterfeits in community customs:
Small shipments: Postal packages or courier
The eraser
introduces a procedure for small shipments by which the
suspicious merchandise without the need for intervention by the right holder, with
the only requirement is the consent, tacit or express, of the importer.
introduces a procedure for small shipments by which the
suspicious merchandise without the need for intervention by the right holder, with
the only requirement is the consent, tacit or express, of the importer.
The draft defines
“small shipment” as a postal shipment of three (3) or fewer units and that does not
exceed 2 kg.
“small shipment” as a postal shipment of three (3) or fewer units and that does not
exceed 2 kg.
This regulation
tries to respond to the considerable increase in small purchases through
Internet of counterfeit or pirated products in countries like China.
tries to respond to the considerable increase in small purchases through
Internet of counterfeit or pirated products in countries like China.
Extension to new rights
The new text of
Regulation now covers one of the shortcomings that were noted in the Regulation
1383/2003, and extends its protection to commercial names, topographies of
semiconductor products, utility models and devices that are
designed to circumvent technological protection measures.
Regulation now covers one of the shortcomings that were noted in the Regulation
1383/2003, and extends its protection to commercial names, topographies of
semiconductor products, utility models and devices that are
designed to circumvent technological protection measures.
New deadlines to submit applications
The deadline to present the application is increased to 4 business days.
Request for Customs Intervention after notification from the authorities
customs authorities of the suspension of the release of merchandise.
Request for Customs Intervention after notification from the authorities
customs authorities of the suspension of the release of merchandise.
Exchange of information between customs
The eraser
expressly articulates the exchange of information between European customs and
other customs in relation to seizures, trends and general risks,
including goods that are in transit in the territory of the
Union, as stated in the ruling of the Court of Justice in the
Nokia/Philips cases (C-446/09 and C-495/09).
expressly articulates the exchange of information between European customs and
other customs in relation to seizures, trends and general risks,
including goods that are in transit in the territory of the
Union, as stated in the ruling of the Court of Justice in the
Nokia/Philips cases (C-446/09 and C-495/09).
Without a doubt, this regulation, if approved in the terms
described, will provide an advance in the protection of IP rights in the
Union customs, but we can't help but think about the missed opportunity
to regulate such controversial issues as parallel imports,
goods in transit or costs for remaining rights holders
to outline and adapt to the circumstances of commercial and customs traffic.
described, will provide an advance in the protection of IP rights in the
Union customs, but we can't help but think about the missed opportunity
to regulate such controversial issues as parallel imports,
goods in transit or costs for remaining rights holders
to outline and adapt to the circumstances of commercial and customs traffic.
Author Transi Ruiz
Visit our web page: http://www.elzaburu.com/
