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01 February 2005

Implementing regulation for new EU customs rules now in force

The regulation implementing Customs Regulation 1383/2003 on the more active role customs authorities may now play in the fight against IP rights infringement has come into force. The implementing regulation provides harmonized and simplified procedures. For instance, applications for customs actions can be made through a form available online and applicable throughout the European Union.

24 January 2005

Commission extends fight against piracy beyond EU borders

After adopting initiatives relating to the enforcement of IP rights within the European Union and at its borders, the European Commission has announced its strategy for the enforcement of IP rights in third countries. The commission will, among other things, seek to enforce IP rights in the countries where infringement is most frequent, using the remedies offered under the TRIPs and bilateral agreements.

05 July 2004

New rules make it tougher to get infringing goods across borders

The implementation of a new regulation last week gives rights holders a better chance of stopping counterfeiters bringing infringing goods into the European Union. The new regulation clarifies and strengthens existing procedures, including removing the requirement that rights holders pay a fee or provide security when asking customs authorities to investigate and detain suspect goods.

10 February 2004

National law supersedes EU law for counterfeit goods in transit

In Montres Rolex SA v X, the European Court of Justice has ruled that if a national court finds that national trademark law does not prohibit the transit of counterfeit goods, it cannot impose criminal penalties on such conduct pursuant to EU law, even if the national rules are contrary to EU law.

23 September 2003

New EU regulation to fight counterfeiting and piracy

The European Council of Ministers has adopted a regulation that will give harmonized, simplified and lower-cost access to customs actions within the European Union for use in relation to goods suspected of infringing IP rights. The text, which will come into force on July 1 2004, will replace Council Regulation 3295/94.

24 March 2003

Commission gets tough on counterfeiting and piracy

The European Commission has published its proposed Council Regulation setting out new rules for customs action against counterfeit and pirated goods. The new legislation will give more power to customs authorities and simplify the procedure to have counterfeits destroyed.