A More Effective And Wider Customs Regulation?

A new Customs Enforcement Regulation, to replace Regulation 1383/2003 has been adopted by the Parliament and Council of the EU.  The new Regulation comes into force in January 2014.  The main changes are: (i) the extension of the regime to cover more IPRs and types of infringement; (ii) the adoption of the simplified procedure throughout the EU; and (iii) the introduction of a new even more simplified procedure in respect of small consignments.  The new Regulation also helpfully expands the situations in which rightsholders are able to make use of information obtained from Customs.

New protected rights

The new Regulation covers: rights in trade names, semiconductor topographies, utility models and devices which are designed to circumvent technological measures.  Significantly, it also broadens the scope of trade mark infringing goods that can be seized to include those that would infringe trade marks under Articles 9(1)(b) and (c) of the CTM Regulation,