Customs authorities in the European Union may detain goods under their control which are suspected of infringing intellectual property (IP) rights
On 24 January 2013, the Internal Market and Consumer Protection committee of the European Parliament endorsed a new Regulation 51292013EC setting
In Crocs Inc v Holey Soles Holdings Ltd R 92008-3 Third Board of Appeal, the Third Board of Appeal of The Office of Harmonization for the Internal Market has dismissed an appeal by Crocs Inc against the Cancellation Division's decision that a Crocs' Community design was invalid.
Following its review of Council Regulation (EC) No 13832003 of 22 July 2003 (the Regulation) concerning customs action against goods suspected of infringing certain intellectual property rights IPRs) and the measures to be taken against goods found to have infringed such rights, the European Commission has published a Consultation Paper entitled Review of EU Legislation on Customs Enforcement of Intellectual Property Rights.
The Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010, which simplify the procedure for the destruction of infringing goods intercepted by Customs, were laid before the UK Parliament on 16 February 2010 and came into force on 10 March 2010.
In Zino Davidoff SA v Bundesfinanzdirektion Südost C-30208 2 July 2009 (unreported) the European Court of Justice (ECJ) ruled that a Madrid Protocol mark designating the Community has the same effect as a Community trade mark (CTM) for the purposes of Article 5(4) of the Customs Regulation (13832003EC).
Change in HMRC procedures puts burden on brand and right holders to begin action against potential counterfeiting parties and confirm infringing nature of goods before goods are seized.
Statistics from the European Commission relating to counterfeit and piracy show a significant increase in customs enforcement activity.
The Italian Customs Agency (the agency) is the body in Italy responsible for taking action against counterfeit goods or those suspected of infringing intellectual property rights (IPR) in relation to Council Regulation (EC) No. 1383 of 22 July 2003 (the basic regulation).