Refereed journal article or data article (A1)
Trends on the implementation of the EU Customs Regulation: for better or for worse?
List of Authors: Daniel Acquah
Publisher: Oxford University Press
Place: Oxford
Publication year: 2015
Journal: Journal of Intellectual Property Law and Practice
Journal acronym: JIPLAP
Volume number: 10
Issue number: 10
Start page: 775
End page: 784
Number of pages: 10
ISSN: 1747-1532
eISSN: 1747-1540
DOI: http://dx.doi.org/10.1093/jiplp/jpv147
URL: http://jiplp.oxfordjournals.org/content/10/10/775.full.pdf+html
Abstract
Customs enforcement of intellectual property rights
remains the most important means the EU uses to block
the trade in counterfeit goods. As a monitoring mechanism,
the Commission publishes annually a report on
customs action to enforce intellectual property rights
based on its Customs Regulation.
† A new Customs Regulation (Regulation 608/2013)
came into force in January 2014 and serves as the legal
basis for the 2014 customs report.
† Analysing the content of this new Regulation and those
of the Commission’s annual reports from the years 2008–
2013, and based on recent case law, this article argues that
the new Regulation would more likely ‘do a better job’ in
the fight against counterfeiting compared to its predecessor,
based on: (1) the novel inclusion of devices which
enable circumvention of technology; (2) a new simplified
procedure for the destruction of small consignments of
goods; (3) an EU-wide simplified procedure for all
(other) infringements of intellectual property rights; and
(4) a non-legislative Union Customs Action Plan(s) to
combat intellectual property rights infringements
Customs enforcement of intellectual property rights
remains the most important means the EU uses to block
the trade in counterfeit goods. As a monitoring mechanism,
the Commission publishes annually a report on
customs action to enforce intellectual property rights
based on its Customs Regulation.
† A new Customs Regulation (Regulation 608/2013)
came into force in January 2014 and serves as the legal
basis for the 2014 customs report.
† Analysing the content of this new Regulation and those
of the Commission’s annual reports from the years 2008–
2013, and based on recent case law, this article argues that
the new Regulation would more likely ‘do a better job’ in
the fight against counterfeiting compared to its predecessor,
based on: (1) the novel inclusion of devices which
enable circumvention of technology; (2) a new simplified
procedure for the destruction of small consignments of
goods; (3) an EU-wide simplified procedure for all
(other) infringements of intellectual property rights; and
(4) a non-legislative Union Customs Action Plan(s) to
combat intellectual property rights infringements
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