New EU Counterfeit Goods Regulation

Posted on: 25/10/2013

EU new Regulation which will replace the Counterfeit Goods Regulation 1383/2003/EC, forms part of a wider European intellectual property (IP) strategy.  It will extend customs-enforcement measures to a larger number of IPR rights than under the current regime and provide for the uncontested destruction of small consignments of goods.  The new regulation provides the framework for the customs authorities of EU Member States to deal with infringing/counterfeit products passing through the relevant customs, either on the application of a right-holder or on discovery by customs authorities through routine inspections. Notably, however, the new Regulation does not tackle the issue of suspected counterfeit goods that are purely in transit through the European Union.

 

The key changes include:

  • extension of the remit to other types of intellectual property rights (including trade names, semiconductor topographies and utility models);
  • making the accelerated procedure to secure destruction without a court order compulsory in all EU Member States;
  • provisions to address the growing problem of counterfeits imported by post or courier in small consignments;
  • relaxation of the rules (applied with varying strictness around the EU) about the use by rights holders of information learned from customs officers.

It will replace of Regulation 1383/2003/EC. Read more on the new regulation.

 

Adopted October 2013

Due 1st January 2014

 

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