Last calendar week the EU’s Official Journal published the text of Council Regulation 1383/2003 concerning customs activity against goods suspected of infringing for sure intellectual belongings rights too the measures to hold upwardly taken against goods constitute to produce got infringed such rights. Coming into number on ane July 2004, the novel Regulation repeals the existing provision nether Regulation 3295/94. This is what the novel Regulation does:
1. It sets out the weather nether which customs regime tin deed when they run across goods they suspect of infringing IP rights whether they are entering or leaving European Union territory or beingness released for gratuitous circulation there.
2. It provides definitions of “counterfeit” too “pirated” goods.
3. It enables the customs regime to suspend the gratuitous effort of suspected infringing goods both where they produce got been notified of those goods past times IP owners too where they postulate to detain the goods till they tin contact the IP owners too ascertain if the goods are lawful or not.
4. It provides a physical care for for the devastation of counterfeit too pirate goods without the postulate to institute formal legal proceedings to decide that those goods infringe an IP correct nether local law.
5. It exempts for sure infringing goods which larn into the European Union equally business office of an individual’s duty-free allowance.
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