Additional tools
Legislation
Simplify, clarify and enforce
On 24 May 2011, the Commission issued a proposal for a new regulation on the customs enforcement of intellectual property rights (IPR), as part of a comprehensive EU wide strategy concerning IPR. The objective is to strengthen the enforcement of intellectual property rights by customs while ensuring that the rights of the parties concerned are respected.
The Proposal for a new regulation:
- expands the range of IPR infringements covered
- adjusts procedures in order to reduce administrative burdens and costs
- ensures that high quality information is provided to customs so as to enable better risk management
- includes measures to better ensure that the interests of legitimate traders are protected
For further information see:
- the press release
, - the frequently asked questions
- the proposal
, - the impact assessment , its annex , and its summary .
See also the public consultation.
Existing legislation
The current Council Regulation has been in force since 1 July 2004 (see text of Council Regulation (EC) No 1383/2003).
- Like its predecessor (Regulation No 3295/94), Regulation No 1383/2003 sets out the conditions under which 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 and the holders of rights who want to lodge a request for intervention by customs.
Guidelines on goods in transit
The European Commission has developed guidelines to provide clarifications on the application of Council Regulation No 1383/2003 and its implementing Regulation No 1891/2004 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.