EUROPEAN CUSTOMS: A NEW LOOK

Last week the EU’s Official Journal published the text of Council Regulation 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights. Coming into effect on 1 July 2004, the new Regulation repeals the existing provision under Regulation 3295/94. This is what the new Regulation does:

1. It sets out the conditions under which customs authorities can act when they encounter goods they suspect of infringing IP rights whether they are entering or leaving EU territory or being released for free circulation there.

2. It provides definitions of “counterfeit” and “pirated” goods.

3. It enables the customs authorities to suspend the free movement of suspected infringing goods both where they have been notified of those goods by IP owners and where they need to detain the goods till they can contact the IP owners and ascertain if the goods are lawful or not.

4. It provides a procedure for the destruction of counterfeit and pirate goods without the need to institute formal legal proceedings to determine that those goods infringe an IP right under local law.

5. It exempts certain infringing goods which enter the EU as part of an individual’s duty-free allowance.

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