Customs enforcement of intellectual property rights: what is changing?
The European Parliament and Council of the European Union have adopted a regulation, to come into force from 1 January 2014, which amends the existing regime for the border detention of goods that infringe intellectual property rights. This article summarises the existing regime and identifies the principal changes to be introduced by the new regulation.
The Counterfeit Goods Regulation governs the procedures for customs action against goods suspected of infringing certain intellectual property rights. The regulation applies to infringing goods being imported or exported or in transit across the external borders of the European Economic Association (EEA). Once goods have been entered for free circulation with the EEA, it is not possible to ask customs to detain them as they enter a member state, including the UK, from another EEA country. In other words, the system is only relevant when goods first enter the EEA.
The regulation does not allow customs to take action in respect of: goods that carry a trademark with the permission of the trademark owner; parallel imports (where goods are manufactured with the right holder’s consent but are marketed for the first time in the EEA without the right holder’s consent); goods made by licensees in breach of the terms of their licence; or small quantities of non-commercial goods in an individual’s baggage…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
In March, MPs backed legislation for the plain packaging of cigarettes. Health campaigners have welcomed the news; tobacco companies have not.
Contrasting decisions involving applications for registrations of the respective marks GREEN SMOKE and GREENWORLD are instructive in highlighting registry approaches to the concept of distinctiveness.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.