Trends on the implementation of the EU Customs Regulation: for better or for worse?

: Daniel Acquah

Publisher: Oxford University Press

: Oxford

: 2015

Journal of Intellectual Property Law and Practice

: JIPLAP

: 10

: 775

: 784

: 10

: 1747-1532

: 1747-1540

DOI: https://doi.org/10.1093/jiplp/jpv147

: http://jiplp.oxfordjournals.org/content/10/10/775.full.pdf+html

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