Regulation (EU) NO 608/2013 Concerning Customs Enforcement Of Intellectual Property Rights
Erschienen am 17. April 2024
488 Seiten
978-94-035-1508-3 (ISBN)
Beschreibung
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends.The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights.The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
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Inhalt
- Cover
- Half title
- Title
- Copyright
- Dedication
- The Author
- Table of Contents
- List of Abbreviations
- Preface and Acknowledgements
- General Introduction
- §1. THE POSITION OF THE TOPIC
- §2. FACTUAL BACKGROUND: COUNTERFEITING AND PIRACY IN THE EU
- I. Defining Counterfeiting and Piracy
- II. Measuring the Magnitude and Impact of Counterfeiting and Piracy in the EU and Beyond
- III. Determining the Causes of Counterfeiting and Piracy
- §3. LEGAL BACKGROUND
- I. The International Legal Framework on Customs Enforcement of IPR
- A. The Status of International Agreements in the EU Legal Order
- 1. Hierarchy of Norms
- 2. Jurisdiction to Interpret International Agreements
- 3. The Role of International Agreements in the Framework of the Assessment of the Validity and the Interpretation of EU Secondary Law
- a. Validity
- b. Interpretation
- B. The 'Pre-TRIPS' Agreements
- C. The TRIPS Agreement
- D. The WIPO Internet Treaties
- E. ACTA
- F. Validity of Regulation 608/2013 in the Light of International Law
- II. Situation of Regulation 608/2013 in the EU's Legislative Arsenal on IPR Enforcement and Customs Controls
- A. The Harmonization of Substantive Intellectual Property Law
- B. The Harmonization of IPR Enforcement Tools
- 1. History and General Overview
- 2. Civil Enforcement: The Enforcement Directive
- 3. Enforcement on the Internet
- 4. Judicial Enforcement
- 5. Conflict-of-Laws Provisions: The 'Rome II' Regulation
- 6. Criminal Enforcement?
- C. The European Union Customs Code
- D. Regulation 816/2006
- Chapter 1. The Genesis, Objectives, and Legal Basis of Regulation 608/2013
- §1. HISTORY: FROM REGULATION 3842/86 TO REGULATION 1383/2003
- §2. ADOPTION PROCESS OF REGULATION 608/2013
- §3. OBJECTIVES AND MAIN FEATURES OF THE REGULATION
- §4. LEGAL BASIS
- §5. INTERPLAY BETWEEN THE REGULATION AND THE MEMBER STATES' NATIONAL LAWS
- §6. PRINCIPLES GOVERNING THE INTERPRETATION OF THE REGULATION
- §7. STRUCTURE OF THE REGULATION
- Chapter 2. The Subject Matter of Regulation 608/2013
- Chapter 3. The Scope of Regulation 608/2013
- §1. TYPES OF RIGHTS COVERED
- §2. TYPES OF INFRINGEMENTS COVERED
- I. Principle
- II. Exclusions
- A. Goods Produced By the Rights Holder or under Licence
- B. Private Imports of Goods Contained in Travellers' Personal Luggage
- 1. Scope of the Exemption
- 2. Rationale for the Exemption
- 3. Statistics
- III. The Case of Private Imports of Goods by Post or Express Courier
- A. Background
- B. The Blomqvist Case
- C. The Trademark Package
- IV. The Case of Moulds and Matrices, Labels, and Documents
- §3. MOVEMENTS OF GOODS COVERED
- I. The EU Customs Territory
- II. The Customs Union: Key Principles
- III. Customs Supervision
- A. General Principles
- B. Goods Declared for Release for Free Circulation
- C. Goods Declared for Export or Re-export
- D. Goods Entering or Leaving the EU Customs Territory
- E. Goods Placed under a Special Procedure
- 1. Transit
- a. External Transit (Including External Union Transit)
- b. Internal Transit (Including Internal Union Transit)
- c. Common Transit
- 2. Customs Warehousing
- 3. Inward Processing
- 4. Outward Processing
- 5. Temporary Admission
- 6. Free Zones
- 7. End Use
- F. Statistics
- Chapter 4. The Application for Action
- §1. PERSONS ENTITLED TO REQUEST A CUSTOMS ACTION
- I. General Overview
- II. For Union and National Applications
- III. For National Applications Only
- IV. For Union Applications Only
- V. Additional Comments
- §2. STANDARD FORMS
- §3. NATIONAL VERSUS UNION APPLICATIONS
- §4. CONTENT OF APPLICATIONS
- I. Mandatory Versus Optional Data
- II. Overview of the Requested Information
- III. Proof of Status of the Applicant
- IV. Information on the Rights to Be Enforced
- V. Information on Authentic and Infringing Goods
- VI. Information on Representatives and Contact Persons
- VII. Undertakings
- VIII. 'Restricted Handling'
- IX. Small Consignment procedure
- §5. FILING, PROCESSING, AND GRANTING OF APPLICATIONS FOR ACTION
- I. Competent Customs Departments
- II. Modalities for the Filing of Applications
- III. Fees for Processing Applications
- IV. Multiple Applications
- V. Notification of the Decision to the Applicant
- VI. Incomplete Applications
- VII. Other Grounds for Refusal
- VIII. Remedies Against the Decision
- IX. Period of Validity of the Decision
- X. Forwarding of the Decision
- §6. AMENDMENTS OF DECISIONS GRANTING AN APPLICATION
- §7. EXTENSION OF DECISIONS GRANTING AN APPLICATION
- §8. SUSPENSION OR REVOCATION OF DECISIONS GRANTING OR EXTENDING THE VALIDITY PERIOD OF AN APPLICATION
- §9. 'NEW TRENDS' AND 'RED ALERT' FORMS
- Chapter 5. The Procedures Set Out in Regulation 608/2013
- §1. CUSTOMS ACTION
- I. 'Goods Suspected of Infringing an IPR'
- II. 'Ex Officio' Actions
- III. Actions Following the Filing and Acceptance of an Application for Action
- A. Preliminary Contacts with the Rights Holder Prior to the Decision to Detain or Suspend the Release of Goods
- B. Decision to Detain or Suspend the Release of the Goods
- C. Information to Be Provided to the Rights Holder
- D. Inspection and Sampling of the Goods
- 1. Inspection
- 2. Sampling
- §2. THE SIMPLIFIED DESTRUCTION PROCEDURES
- I. Simplified Procedure Involving the Rights Holders (Article 23)
- II. Simplified Procedure for Small Consignments (Article 26)
- §3. LEGAL PROCEEDINGS
- §4. REMEDIES AVAILABLE TO THE DECLARANT OR HOLDER OF THE GOODS
- I. Objection to the Application of the Simplified Procedures
- II. Early Release of Goods
- III. Release of Goods on Order of a Judicial or Administrative Authority
- §5. DISPOSAL OF GOODS
- I. Disposal of Goods Outside the Scope of the Simplified Procedures
- II. Disposal of Goods under the Simplified Procedures
- Chapter 6. Electronic Data-Interchange Systems and Data Protection
- §1. ELECTRONIC DATA-INTERCHANGE SYSTEMS
- §2. DATA PROTECTION ISSUES
- Chapter 7. Liabilities, Costs, and Penalties
- §1. USE BY THE RIGHTS HOLDERS OF INFORMATION PROVIDED BY CUSTOMS
- §2. LIABILITY OF RIGHTS HOLDERS
- §3. LIABILITY OF CUSTOMS AUTHORITIES
- §4. LIABILITY FOR COSTS
- I. Legal Framework
- A. Costs of Storage, Handling, and Destruction
- B. Conditions of Storage
- C. Costs of Translations
- II. Practice
- §5. PENALTIES
- I. Penalties Towards Rights Holders
- II. Penalties Towards Infringers
- Chapter 8. The Issue of Goods in Transit
- §1. BACKGROUND TO THE POLEMIC: THE DUTCH GENERIC DRUGS SEIZURES
- §2. ASSESSMENT OF THE LEGITIMACY OF BORDER MEASURES AGAINST GOODS IN TRANSIT IN LIGHT OF INTERNATIONAL LAW
- I. Introduction: The Principles of Territoriality and Independence
- II. Assessment of the Compliance of Border Measures Against Goods in Transit in Light of the TRIPS Agreement
- A. Obligations of WTO Members with Regard to Goods in Transit in Light of TRIPS
- B. Right of WTO Members to Act Against Goods in Transit in Light of TRIPS
- III. Assessment of the Compliance of Border Measures Against Goods in Transit in Light of GATT
- §3. THE EUROPEAN UNION REGIME
- I. The CJEU's Case Law on Goods in Transit
- A. Transit in an EU Member State of Union Goods Lawfully Manufactured in Another Member State and Intended to Be Placed on the Market in Another Member State
- B. Transit Through an EU Member State of Union Goods Lawfully Manufactured in Another Member State and Intended to Be Placed on the Market in a Non-EU Member Country
- C. Transit Through the EU of Non-Union Goods Manufactured and Placed on the Market by the Rights Holder in the Non-Member Country of Origin
- D. Transit Through the EU of Non-Union Goods Manufactured Without the Consent of the Proprietor of the Relevant Trademark Rights Registered in the EU
- 1. The Polo Lauren Case
- 2. The Rolex Case
- 3. The Montex Case
- 4. The Nokia-Philips Cases
- E. Release for Free Circulation in the EU of Non-Union Goods under the Excise Suspension Regime
- F. Conclusion and Critical Analysis: Consistency of the CJEU's Case Law
- II. The Commission's Guidelines of 1 February 2012 and the Review of Regulation 1383/2003
- III. What Were the Options Available to Enhance Customs Enforcement of IPR Against Goods in Transit Further To the CJEU's Judgment in Nokia-Philips?
- IV. Regulation 608/2013
- A. Overview of the Legislative Procedure
- B. Text as Adopted
- V. The EU Trademark Reform
- A. Overview of the Legislative Procedure
- B. Texts as Adopted
- 1. Wording
- 2. Analysis
- a. Structure of the Provisions
- b. Objective of the Provisions
- c. Customs Situations Covered by the Provisions
- d. Types of Goods Covered by the Provisions
- VI. The Commission's Notice on Transit of 5 July 2016
- A. Background to and Aim of the Notice
- B. Entry into Effect of the Provisions of the Trademark Package
- C. 'A Trademark Which Cannot Be Distinguished in Its Essential Aspects'
- D. 'Entitled to Prohibit the Placing of the Goods on the Market in the Country of Final Destination'
- E. The Issue of Generic Medicines in Transit
- VII. Conclusion: The Legal Regime of In-Transit Goods Suspected of Infringing Trademarks
- VIII. The Legal Regime of In-Transit Goods Suspected of Infringing IPR Other Than Trademarks
- IX. The Power for the Courts in the EU Member States to Impose Injunctions Against Goods in Transit, En Route to Non-EU Countries
- X. Cross-Border Cooperation as a Tool to Impede International Trade in Fake Goods?
- Chapter 9. Entry into Force, Transitional Provisions, and Reporting
- Chapter 10. Brexit
- Conclusion
- Selected Bibliography
- Table of Legislations, Treaties and Agreements
- Index
- Back cover
