Protecting Intellectual Property Rights Through EU Customs Procedures

This article addresses the EU legislation on customs action against goods suspected of infringing intellectual property rights (IPR) and in particular Council regulation No 1383/2003 of 22 July 2003.

Preliminarily, it deals with the impact of counterfeiting activity and the ways counterfeit and pirated goods are usually marketed. Reference is made to the relevant regulations which preceded Regulation 1383/03 and the major amendments brought about by such regulation are dealt with.

The analysis shows that (and how) customs authorities gradually year by year acquired more powers and used more incisive tools in order to stop the entry into the EU of counterfeit and pirated products. Finally the author examines five European Court of Justice decisions which interpreted EU legislation on customs actions against products suspected of infringing IPR, and in particular infringement issues relating to non-EU goods in transit through the Community or stored in customs warehouses

On May 2011 the Commission presented a proposal for a new Regulation which should repeal Regulation 1383/03 (outside the scope of this article)

For the full article written by Enrico Bonadio see here.

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