Regulation (EU) NO 608/2013 Concerning Customs Enforcement Of Intellectual Property Rights

Name: Regulation (EU) NO 608/2013 Concerning Customs Enforcement Of Intellectual Property Rights
Brand: Wolters Kluwer
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Olivier Vrins(Autor*in)

Wolters Kluwer (Verlag)

Erschienen am 17. April 2024

488 Seiten

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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

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