Customs Enforcement Regulation

Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003

 

Preamble

 

CHAPTER I - SUBJECT MATTER, SCOPE AND DEFINITIONS

 

Article 1 - Subject matter and scope

 

Article 2 - Definitions

 

 

CHAPTER II - APPLICATIONS

 

Section 1 - Submission of applications

 

Article 3 - Entitlement to submit an application

 

Article 4 - Intellectual property rights covered by Union applications

 

Article 5 - Submission of applications

 

Article 6 - Application form

 

 

Section 2 - Decisions on applications

 

Article 7 - Processing of incomplete applications

 

Article 8 - Fees

 

Article 9 - Notification of decisions granting or rejecting applications

 

Article 10 - Decisions concerning applications

 

Article 11 - Period during which the customs authorities are to take action

 

Article 12 - Extension of the period during which the customs authorities are to take action

 

Article 13 - Amending the decision with regard to intellectual property rights

 

Article 14 - Notification obligations of the competent customs department

 

Article 15 - Notification obligations of the holder of the decision

 

Article 16 - Failure of the holder of the decision to fulfil his obligations

 

 

CHAPTER III - ACTION BY THE CUSTOMS AUTHORITIES

 

Section 1 - Suspension of the release or detention of goods suspected of infringing an intellectual property right

 

Article 17 - Suspension of the release or detention of the goods following the grant of an application

 

Article 18 - Suspension of the release or detention of the goods before the grant of an application

 

Article 19 - Inspection and sampling of goods whose release has been suspended or which have been detained

 

Article 20 - Conditions for storage

 

Article 21 - Permitted use of certain information by the holder of the decision

 

Article 22 - Sharing of information and data between customs authorities

 

 

Section 2 - Destruction of goods, initiation of proceedings and early release of goods

 

Article 23 - Destruction of goods and initiation of proceedings

 

Article 24 - Early release of goods

 

Article 25 - Goods for destruction

 

Article 26 - Procedure for the destruction of goods in small consignments

 

 

CHAPTER IV - LIABILITY, COSTS AND PENALTIES

 

Article 27 - Liability of the customs authorities

 

Article 28 - Liability of the holder of the decision

 

Article 29 - Costs

 

Article 30 - Penalties

 

 

CHAPTER V - EXCHANGE OF INFORMATION

 

Article 31 - Exchange of data on decisions relating to applications and detentions between the Member States and the Commission

 

Article 32 - Establishment of a central database

 

Article 33 - Data protection provisions

 

 

CHAPTER VI - COMMITTEE, DELEGATION AND FINAL PROVISIONS

 

Article 34 - Committee procedure

 

Article 35 - Exercise of the delegation

 

Article 36 - Mutual administrative assistance

 

Article 37 - Reporting

 

Article 38 - Repeal

 

Article 39 - Transitional provisions

 

Article 40 - Entry into force and application

 

 

ANNEX

 

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Text in force at 06-01-2019. The text can be verified at EUR-Lex