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Legislation

Simplify, clarify and enforce

From 1 January 2014, Regulation (EU) No 608/2013 (see page 15) concerning customs enforcement of intellectual property rights (IPR) replaces Council Regulation (EC) No 1383/2003. The new regulation provides procedural rules for customs authorities to enforce intellectual property rights with regard to goods liable to customs supervision or customs control.

The 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 ensure that the interests of legitimate traders are protected

 

Guidelines on goods in transit

The European Commission has developed guidelinespdf Choose translations of the previous link  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.