Regulation (EU) No 608/2013 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER I U.K. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 U.K. Subject matter and scope

1. This Regulation sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right are, or should have been, subject to customs supervision or customs control within the customs territory of the Union in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1), particularly goods in the following situations:

(a) when declared for release for free circulation, export or re-export;

(b) when entering or leaving the customs territory of the Union;

(c) when placed under a suspensive procedure or in a free zone or free warehouse.

2. In respect of the goods subject to customs supervision or customs control, and without prejudice to Articles 17 and 18, the customs authorities shall carry out adequate customs controls and shall take proportionate identification measures as provided for in Article 13(1) and Article 72 of Regulation (EEC) No 2913/92 in accordance with risk analysis criteria with a view to preventing acts in breach of intellectual property laws applicable in the territory of the Union and in order to cooperate with third countries on the enforcement of intellectual property rights.

3. This Regulation shall not apply to goods that have been released for free circulation under the end-use regime.

4. This Regulation shall not apply to goods of a non-commercial nature contained in travellers’ personal luggage.

5. This Regulation shall not apply to goods that have been manufactured with the consent of the right-holder or to goods manufactured, by a person duly authorised by a right-holder to manufacture a certain quantity of goods, in excess of the quantities agreed between that person and the right-holder.

6. This Regulation shall not affect national or Union law on intellectual property or the laws of the Member States in relation to criminal procedures.

Article 2 U.K. Definitions

For the purposes of this Regulation:

(1)

‘intellectual property right’ means:

(a)

a trade mark;

(b)

a design;

(c)

a copyright or any related right as provided for by national or Union law;

(d)

a geographical indication;

(e)

a patent as provided for by national or Union law;

(f)

a supplementary protection certificate for medicinal products as provided for in Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products(2);

(g)

a supplementary protection certificate for plant protection products as provided for in Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products(3);

(h)

a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights(4);

(i)

a plant variety right as provided for by national law;

(j)

a topography of semiconductor product as provided for by national or Union law;

(k)

a utility model in so far as it is protected as an intellectual property right by national or Union law;

(l)

a trade name in so far as it is protected as an exclusive intellectual property right by national or Union law;

(2)

‘trade mark’ means:

(a)

a Community trade mark as provided for in Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark(5);

(b)

a trade mark registered in a Member State, or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property;

(c)

a trade mark registered under international arrangements which has effect in a Member State or in the Union;

(3)

‘design’ means:

(a)

a Community design as provided for in Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs(6);

(b)

a design registered in a Member State, or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property;

(c)

a design registered under international arrangements which has effect in a Member State or in the Union;

(4)

‘geographical indication’ means:

(a)

a geographical indication or designation of origin protected for agricultural products and foodstuff as provided for in Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs(7);

(b)

a designation of origin or geographical indication for wine as provided for in Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(8);

(c)

a geographical designation for aromatised drinks based on wine products as provided for in Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails(9);

(d)

a geographical indication of spirit drinks as provided for in Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks(10);

(e)

a geographical indication for products not falling under points (a) to (d) in so far as it is established as an exclusive intellectual property right by national or Union law;

(f)

a geographical indication as provided for in Agreements between the Union and third countries and as such listed in those Agreements;

(5)

‘counterfeit goods’ means:

(a)

goods which are the subject of an act infringing a trade mark in the Member State where they are found and bear without authorisation a sign which is identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark;

(b)

goods which are the subject of an act infringing a geographical indication in the Member State where they are found and, bear or are described by, a name or term protected in respect of that geographical indication;

(c)

any packaging, label, sticker, brochure, operating instructions, warranty document or other similar item, even if presented separately, which is the subject of an act infringing a trade mark or a geographical indication, which includes a sign, name or term which is identical to a validly registered trade mark or protected geographical indication, or which cannot be distinguished in its essential aspects from such a trade mark or geographical indication, and which can be used for the same type of goods as that for which the trade mark or geographical indication has been registered;

(6)

‘pirated goods’ means goods which are the subject of an act infringing a copyright or related right or a design in the Member State where the goods are found and which are, or contain copies, made without the consent of the holder of a copyright or related right or a design, or of a person authorised by that holder in the country of production;

(7)

‘goods suspected of infringing an intellectual property right’ means goods with regard to which there are reasonable indications that, in the Member State where those goods are found, they are prima facie:

(a)

goods which are the subject of an act infringing an intellectual property right in that Member State;

(b)

devices, products or components which are primarily designed, produced or adapted for the purpose of enabling or facilitating the circumvention of any technology, device or component that, in the normal course of its operation, prevents or restricts acts in respect of works which are not authorised by the holder of any copyright or any right related to copyright and which relate to an act infringing those rights in that Member State;

(c)

any mould or matrix which is specifically designed or adapted for the manufacture of goods infringing an intellectual property right, if such moulds or matrices relate to an act infringing an intellectual property right in that Member State;

(8)

‘right-holder’ means the holder of an intellectual property right;

(9)

‘application’ means a request made to the competent customs department for customs authorities to take action with respect to goods suspected of infringing an intellectual property right;

(10)

‘national application’ means an application requesting the customs authorities of a Member State to take action in that Member State;

(11)

‘Union application’ means an application submitted in one Member State and requesting the customs authorities of that Member State and of one or more other Member States to take action in their respective Member States;

(12)

‘applicant’ means the person or entity in whose name an application is submitted;

(13)

‘holder of the decision’ means the holder of a decision granting an application;

(14)

‘holder of the goods’ means the person who is the owner of the goods suspected of infringing an intellectual property right or who has a similar right of disposal, or physical control, over such goods;

(15)

‘declarant’ means the declarant as defined in point (18) of Article 4 of Regulation (EEC) No 2913/92;

(16)

‘destruction’ means the physical destruction, recycling or disposal of goods outside commercial channels, in such a way as to preclude damage to the holder of the decision;

(17)

‘customs territory of the Union’ means the customs territory of the Community as defined in Article 3 of Regulation (EEC) No 2913/92;

(18)

‘release of the goods’ means the release of the goods as defined in point (20) of Article 4 of Regulation (EEC) No 2913/92;

(19)

‘small consignment’ means a postal or express courier consignment, which:

(a)

contains three units or less;

or

(b)

has a gross weight of less than two kilograms.

For the purpose of point (a), ‘units’ means goods as classified under the Combined Nomenclature in accordance with Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(11) if unpackaged, or the package of such goods intended for retail sale to the ultimate consumer.

For the purpose of this definition, separate goods falling in the same Combined Nomenclature code shall be considered as different units and goods presented as sets classified in one Combined Nomenclature code shall be considered as one unit;

(20)

‘perishable goods’ means goods considered by customs authorities to deteriorate by being kept for up to 20 days from the date of their suspension of release or detention;

(21)

‘exclusive licence’ means a licence (whether general or limited) authorising the licensee to the exclusion of all other persons, including the person granting the licence, to use an intellectual property right in the manner authorised by the licence.

(1)

OJ L 302, 19.10.1992, p. 1.

(2)

OJ L 152, 16.6.2009, p. 1.

(3)

OJ L 198, 8.8.1996, p. 30.

(4)

OJ L 227, 1.9.1994, p. 1.

(5)

OJ L 78, 24.3.2009, p. 1.

(6)

OJ L 3, 5.1.2002, p. 1.

(7)

OJ L 343, 14.12.2012, p. 1.

(8)

OJ L 299, 16.11.2007, p. 1.

(9)

OJ L 149, 14.6.1991, p. 1.

(10)

OJ L 39, 13.2.2008, p. 16.

(11)

OJ L 256, 7.9.1987, p. 1.