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

: Daniel Acquah

Publisher: Verlag C.H.Beck oHG

: 2015

Gewerblicher Rechtsschutz Und Urheberrecht: Internationaler Teil

: GRUR INT

: 64

: 10

: 989

: 996

: 1522-2438

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.

• Analyzing 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.