Greater protection against fake goods in EU as of 1 January 2014

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By Niels Mulder and Anne Voerman

Right holders are faced with an ever-increasing battle against fake goods. The European Union Anti-Piracy Regulation offers an effective first-line defence against fake goods. In 2012, EU customs detained 40 million fake goods worth approximately €1bn (£830m).

As of 1 January 2014, the new Anti-Piracy Regulation (608/2013) applies, repealing the current regulation. The new regulation offers even greater protection against fake goods in all 28 EU member states. The new regulation gives EU customs extended powers to detain infringing products at EU borders. Furthermore, the EU-wide customs information exchange system called Copis will be operational as of 1 January 2014.

Right holders can request EU customs to proactively stop fake goods at the EU borders via an elect form called ‘Community Application for Action’. Electronic filing will become available. EU customs can detain goods on the basis of reasonable indications of infringement on a broad scope of registered and non-registered IP rights, including trademarks, patents, designs and copyrights…

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