Customs Regulation 1383/2003

Last updated
Regulation (EC) No. 1383/03
European Union regulation
Flag of Europe.svg
TitleRegulation concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights
Made by Council
Made underArt. 133
Journal reference L196, pp. 7-14
History
Date made2003-07-22
Came into force2003-08-09
Other legislation
Replaces Customs Regulation 3295/94
Repealed

Customs Regulation 1383/2003, the full title of which is Regulation concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights, is a measure passed under Article 133 (formerly Article 113) of the EC Treaty. The provision is designed to protect the intellectual property rights of constituents of member nations.

The provision encourages EU Member States to facilitate cooperation between their respective customs agencies in preventing IP infringement. [1] It supersedes Customs Regulation 3295/94, with the new provision having taken effect (and the former provision expiring) on 1 July 2004. [2]

The provision permits owners of intellectual property rights "to prohibit entry into the EU and the export or re-export from the EU, of goods infringing: trade marks, copyright, patents, national or Community plant variety rights, designations of origin or geographical indications and geographical designations". [3]

The EU Customs Regulation 608/2013 came into force on 19 July 2013 and replaced the former Regulation 1383/2003. [4]

See also

Related Research Articles

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.

<span class="mw-page-title-main">European Union Intellectual Property Office</span>

The European Union Intellectual Property Office, founded in 1994, is the European Union Agency responsible for the registration of the European Union trade mark (EUTM) and the registered Community design (RCD), two unitary intellectual property rights valid across the 27 Member States of the EU. Every year, it registers an average of 135 000 EU trade marks and close to 100 000 designs. The EUIPO is also responsible for maintaining an Orphan Works Registry. Registered works have certain permitted acts under the Orphan Works Directive.

<span class="mw-page-title-main">Geographical indications and traditional specialities in the European Union</span> Protected names and designations of agricultural products and foodstuffs

Three European Union schemes of geographical indications and traditional specialties, known as protected designation of origin (PDO), protected geographical indication (PGI), and traditional specialities guaranteed (TSG), promote and protect names of agricultural products and foodstuffs. Products registered under one of the three schemes may be marked with the logo for that scheme to help identify those products. The schemes are based on the legal framework provided by the EU Regulation No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs. This regulation applies within the EU as well as in Northern Ireland. Protection of the registered products is gradually expanded internationally via bilateral agreements between the EU and non-EU countries. It ensures that only products genuinely originating in that region are allowed to be identified as such in commerce. The legislation first came into force in 1992. The purpose of the law is to protect the reputation of the regional foods, promote rural and agricultural activity, help producers obtain a premium price for their authentic products, and eliminate the unfair competition and misleading of consumers by non-genuine products, which may be of inferior quality or of different flavour. Critics argue that many of the names, sought for protection by the EU, have become commonplace in trade and should not be protected.

Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. Although this IP framework is developing quickly, as of 2023 it remains less developed than most industrialized countries.

The Eurasian Economic Community was a regional organisation between 2000 and 2014 which aimed for the economic integration of its member states. The organisation originated from the Commonwealth of Independent States (CIS) on 29 March 1996, with the treaty on the establishment of the Eurasian Economic Community signed on 10 October 2000 in Kazakhstan's capital Astana by Presidents Alexander Lukashenko of Belarus, Nursultan Nazarbayev of Kazakhstan, Askar Akayev of Kyrgyzstan, Vladimir Putin of Russia, and Emomali Rahmon of Tajikistan. Uzbekistan joined the community on 7 October 2005, but later withdrew on 16 October 2008.

<span class="mw-page-title-main">Enforcement Directive</span>

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights is a European Union directive in the field of intellectual property law, made under the Single Market provisions of the Treaty of Rome. The directive covers civil remedies only—not criminal ones.

<span class="mw-page-title-main">European single market</span> Single market of the European Union and participating non-EU countries

The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the 27 member states of the European Union (EU). With certain exceptions, it also comprises Iceland, Liechtenstein, and Norway and Switzerland. The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow.

The European Union (EU) proposal for a directive on criminal measures aimed at ensuring the enforcement of intellectual property rights (2005/0127/COD) was a proposal from the European Commission for a directive aimed "to supplement Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights ". The directive was proposed on July 12, 2005 by the Commission of the European Communities.

Intrastat is the system for collecting information and producing statistics on the trade in goods between countries of the European Union (EU). It began operation on 1 January 1993, when it replaced customs declarations as the source of trade statistics within the EU. The requirements of Intrastat are similar in all member states of the EU, although there are important exceptions.

<span class="mw-page-title-main">Copyright, Designs and Patents Act 1988</span> United Kingdom law

The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.

<span class="mw-page-title-main">Customs Regulation 3295/94</span>

Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods, or for short Customs Regulation 3295/94, is a European Union regulation modifying the Community Customs Code.

The Gowers Review of Intellectual Property was an independent review of UK intellectual property (IP) focusing on UK copyright law that was published in December 2006. The then Chancellor of the Exchequer Gordon Brown commissioned Andrew Gowers to lead the review in December 2005. The Review was published on 6 December 2006 as part of the Chancellor's annual pre-budget report. The review concludes that the UK's intellectual property system is fundamentally strong but made 54 recommendations for improvements.

The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.

Article 102 of the Treaty on the Functioning of the European Union (TFEU) is aimed at preventing businesses in an industry from abusing their positions by colluding to fix prices or taking action to prevent new businesses from gaining a foothold in the industry. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. It is the second key provision, after Article 101, in European Union (EU) competition law.

The Trade Control and Expert System (TRACES), is a web-based veterinarian certification tool used by the European Union for controlling the import and export of live animals and animal products within and without its borders. Its network falls under the responsibility of the European Commission. TRACES constitutes a key element of how the European Union facilitates trade and improves health protection for the consumer, as laid down in the First Pillar principle. Other countries use computer networks to provide veterinary certification, but TRACES is the only supranational network working at a continental scale of 28 countries and almost 500 million people.

The Telecoms Package was the review of the European Union Telecommunications Framework from 2007 – 2009. The objective of the review was to update the EU Telecoms Framework of 2002 and to create a common set of regulations for the telecoms industry across all 27 EU member states. The review consisted of a package of directives addressing the regulation of service provision, access, interconnection, users' contractual rights and users' privacy, as well as a regulation creating a new European regulatory body (BEREC).

<span class="mw-page-title-main">European company law</span>

European company law is the part of European Union law which concerns the formation, operation and insolvency of companies in the European Union. The EU creates minimum standards for companies throughout the EU, and has its own corporate forms. All member states continue to operate separate companies acts, which are amended from time to time to comply with EU Directives and Regulations. There is, however, also the option of businesses to incorporate as a Societas Europaea (SE), which allows a company to operate across all member states.

References

  1. Jean-Luc Piotraut, European National IP Laws Under the EU Umbrella: From National to European Community IP Law, 2 Loy. Int'l L. Rev. 61, 84 (2005).
  2. Customs Regulation 3295/94 is repealed with effect from 1 July 2004. Article 24 of Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights Archived 28 October 2007 at the Wayback Machine .
  3. Bradley J. Olson, Esq.; Michael R. Graham, Esq.; John Maltbie, Esq.; and Ron Epperson, The 10 Things Every Practitioner should Know about Anti-Counterfeiting and Anti-Piracy Protection, 7 J. High Tech. L. 106, 157 (2007).
  4. "EUR-Lex - 32013R0608 - EN - EUR-Lex". eur-lex.europa.eu. Retrieved 2021-12-08.