Guidelines

The Council Regulation No 1383/2003/EC concerning customs actions against goods suspected of infringing certain intellectual property rights sets out the conditions for action by the customs authorities when goods are suspected of infringing intellectual property rights. Said Regulation also defines the measures to be taken by the competent authorities when the goods are found to infringe intellectual property rights.

The Council Regulation No 1383/2003/EC introduced in other words common rules to prohibiting the entry, release for free circulation, exit, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods, and to dealing effectively with the illegal marketing of such goods.

More specified provisions for implementation of the Council Regulation No 1383/2003/EC are laid down in the Council Regulation No 1891/2004/EC, as amended by the Council Regulation 1172/2007/EC. Said implementation regulations lay down e.g.

(i) National application for actions,

(ii) Community application for actions, and

(iii) Declaration in accordance with Article 6 of Council Regulation 1383/2003/EC.