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Customs enforcement on IP rights

Charlotte Wilding explains the effect of Regulation (EU) No. 608/2013 on the scope of IP rights covered by customs enforcement and the ability to seize infringing goods

24 January 2017

Regulation (EU) No. 608/2013, concerning the enforcement of intellectual property rights (IPR), has been in force since January 2014 and aims to simplify the existing system.

Importantly, the new regulation extends the scope of IPR covered by customs enforcement to trade marks; trade names; copyright; design rights; patents; utility models; devices designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of technological measures; supplementary protection certificates for medical products or for plant protection; plant variety rights; topography of a semi conductor; and geographical indications.

The regulation also provides an accelerated procedure for the destruction of certain goods without the need to undergo infringement proceedings before the courts and without the explicit agreement of the owner of the goods, if certain conditions ar...

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