The European Parliament adopted Regulation (EU) n°608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights, which repeals and replaces Regulation (EC) No 1383/2003 of 22 July 2003.
As a reply to the case law from the European Court of justice (see in particular ECJ, 1 December 2011, Nokia v. Philips, C-446/09 and C-495/09) which is not favourable to IP right holders, the Regulation will now apply to the goods placed under a suspensive procedure (external transit). Besides, the list of the intellectual property rights falling into the scope of the Regulation has been widen to now includes utility models, trade names and topographies of semiconductor products. This Regulation is intended to be combined in particular with the draft Directive amending European trademark law, under discussion.
The new Regulation also aims at strengthening custom authorities' powers. Among the new measures, the new Regulation extends and generalizes the simplified procedure for seizure and early destruction of counterfeit goods.
The new Regulation will apply from 1 January 2014.