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Procedural aspects of customs seizures of counterfeit goods in Austria, Romania and Slovenia

October 2010 - EU & Competition. Legal Developments by Wolf Theiss.

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THE WAR WAGED BY INTELLECTUALproperty (IP) rights holders in the EU againstinfringement by shipments of goods hasrecently become more intense. These rightsmainly relate to trade marks, design andcopyright, and IP rights holders pursue theirclaims through the customs authoritiesof EU member states.  

For example, the number of shipments stopped by Austrian customs authorities on the basis of Regulation (EC) No 1383/2003 of 22 July 2003 (the 2003 Regulation) and Regulation (EC) No 1891/2004 of 21 October 2004 (the 2004 Regulation) has greatly increased in recent years.1 In 2002 only 490 shipments of goods were stopped, while in 2009 the number had risen to 2,519.2



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