Next January 1, 2014 the new (EU) Regulation No. 608/2013 will be applied regarding the supervision of customs authorities in respect of intellectual property rights. This Regulation repeals the previous (EC) Regulation No. 1383/2003.
This Regulation No. 608/2013 introduces a number of improvements to reinforce the protection of intellectual property rights by the customs authorities.
Therefore, in order to toughen control in respect of intellectual property rights, it extends customs intervention to other types of infringements that until now have not come under the range of the previous Regulation No. 1383/2003.
In this way, in addition to rights already covered by previous Regulation No. 1383/2003, the new Regulation No. 608/2013 includes the following within its range of applications:
– Trade names, to the extent that they are protected as exclusive intellectual property rights under national law
– Topography of semiconductor products
– Utility models
– Devices designed, produced or adapted primarily to enable or facilitate the circumvention of technological measures
Therefore, as regards intellectual property rights, new Regulation No. 608/2013 refers to the following:
– Trade names
– Industrial designs
– Copyright or any other related rights covered under national or European Union rules
– Geographical indications
– Patents
– Supplementary protection certificates for medicinal products
– Supplementary protection certificates for plant products
– Plant varieties
– Topography of semiconductor products
– Utility models
– Trade names to the extent that they are protected as exclusive intellectual property rights under national law
Just as stated in Regulation No. 1383/2003, the new Regulation No. 608/2013 excludes rights infringements resulting from so-called illicit parallel trade from its range of application and unauthorized over-production by intellectual property rights holders.
And why this specifically? Because they are manufactured as genuine goods and consequently it is not appropriate that the customs authorities focus their efforts on these goods.
Also the new Regulation No. 608/2013 does not apply to goods carried by travellers in their personal luggage provided that they are intended solely for personal use and there is no evidence that they will be introduced to commercial trade.
January 1, 2014 approaches, and thereafter we will be able to assess the effectiveness of the improvements introduced by the new (EU) Regulation No. 608/2013.
Mònica López
