As part of a new IPR overall strategy for the Single Market, the Commission on 24 May 2011 proposed a new regulation to reinforce customs actions in fighting trade of IPR infringing goods. For further information see the press release (IP/11/630 ), the frequently asked questions (MEMO/11/327 ), the proposal (COM/2011/285 ), the impact assessment (SEC/2011/597 ), its annex , and its summary (SEC/2011/598 ). See also the public consultation.
The current Council Regulation has been in force since 1 July 2004 (see text of Council Regulation (EC) No 1383/2003). It aims to give greater legal clarity, to extend the field of application of the law to take in further intellectual property rights, to simplify access by owners of intellectual property rights to the legal remedies and to develop an effective legal instrument in order to tackle this kind of fraud more effectively.
The current Regulation, like its predecessor Regulation No 3295/94, sets out the conditions under which the customs authorities may intervene in cases where goods are suspected of infringing intellectual property rights. It also sets out the steps to be taken by the authorities when goods are found to be illegal.
The European Commission has developed guidelines to provide clarifications on the application of Council Regulation No1383/2003 and its implementing Regulation No1891/2004 with regard to goods in transit through the territory of the EU.
The guidelines address the specific concerns raised by India and Brazil on medicines in genuine transit through the EU which are covered by a patent right in the EU. They also take account of the findings of the Court of Justice of the EU in its judgment of 1 December 2011 related to joined cases C-446/09 and C-495/09 (Philips/Nokia).
The guidelines are available in 22 languages.