IP enforcement and the EU customs regime
Produced in partnership with James Whymark of Baker McKenzie
IP enforcement and the EU customs regime

The following IP guidance note Produced in partnership with James Whymark of Baker McKenzie provides comprehensive and up to date legal information covering:

  • IP enforcement and the EU customs regime
  • The requirements of the Customs Regulation and changes from the previous system
  • Timing
  • Recommendations for completing the AFA
  • Who can submit an AFA?
  • What information must be included in the AFA?
  • Fees
  • How do you renew an AFA?
  • Strategic considerations

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights.

This Practice Note considers Regulation (EU) 608/2013 (the Customs Regulation). The Customs Regulation came into force on 1 January 2014 and replaced Regulation (EC) 1383/2003, in response to calls from stakeholders for the system to be revised. This Practice Note: .

  1. examines the requirements of the Customs Regulation

  2. considers how the regime has changed from the previous EU customs system, and

  3. provides practical guidance on formulating a border detention strategy and completing the 'application for action' (AFA)

The requirements of the Customs Regulation and changes from the previous system

The Customs Regulation extends and develops many of the features of its predecessor, Regulation (EC) 1383/2003. Many of the basic principles however remain the same.

In summary, the Customs Regulation grants powers to customs authorities in all EU Member States to seize and destroy products which are found to infringe certain IP rights. See below for details of the IP rights covered.

Customs authorities are granted powers to seize goods they suspect infringe IP rights of rights