BORDER SEIZURE MEASURES AGAINST COUNTERFEITS IN THE EU

On 13th May, a briefing from Boehmert & Boehmert Anwaltspartnerschaft mbB on the World Trademark review website provided a description of the legal background and detention and seizure processes.  It says that EU rules co-exist with Member States’ national provisions on customs intervention, which are usually contained in the relevant national substantive IP law offering subsidiary protection in relation to parallel or grey imports and intra-EU trade.  It points out that, to strengthen the enforcement of IP rights, customs intervention has been extended to other types of infringement and the EU Regulation now also covers trade names, utility models, plant varieties, topographies of semiconductor products and circumvention devices.  It also says that the definition of ‘counterfeit products’ has also been extended to include packaging, labels, stickers and brochures as such (even where presented separately from trademark protected goods) – but explicitly excludes from its scope parallel imports and overruns, as they have been manufactured as genuine goods. Moreover, the scope of the EU Regulation continues to exclude goods carried by passengers in their personal luggage, provided that these are for their own personal use.  A new specific procedure for small consignments of counterfeit and pirated goods was introduced.  The article touches on the treatment of goods in transit to a destination outside the EU.

https://www.worldtrademarkreview.com/anti-counterfeiting/border-seizure-measures-european-union-1

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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