18 May 2018
European Commission Amends Application Form for Customs Action Concerning the Enforcement of Intellectual Property Rights
On 18 April 2018, Commission Implementing Regulation 2018/582 of 12 April 2018 amending Implementing Regulation 1352/2013 establishing the forms provided for in Regulation 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (the “amending Regulation”) was published in the Official Journal of the EU.
The form is used by intellectual property right holders wanting to actively engage in enforcing their intellectual property rights. It allows them to ask customs authorities to detain goods suspected of infringing intellectual property rights. In order to do so, the intellectual property right holder lodges an application for action with the competent customs department using the form “application for action”.
The amending Regulation brings a number of amendments to the form, which is an application for customs action to be taken for the enforcement of intellectual property rights. The form has been adapted to take account of the practical experience gained in using the previous form as well as to ensure a trouble-free transmission and exchange of information via the central database known as COPIS.
The revisions are made by amending the Annexes of Regulation 1352/2013, thereby essentially replacing the “standard” application form. Main changes in Annex I concern:
Box 1 (‘Applicant’): It has become mandatory for the applicant to provide more details identifying himself. The applicant has to provide his name and complete address, and at least one of the following: his Taxpayer Identification Number, any other national registration number or his Economic Operator Registration and Identification Number (EORI-No), which is a number, unique throughout the Union, assigned by a customs authority in a Member State to economic operators involved in customs activities, and his telephone, mobile telephone or fax number and his email address. The applicant may also enter, where appropriate, his website address.
Box 2 (‘Union/National application’): Where the application is submitted after the release of the goods was suspended or the goods were detained by the customs authorities at their own initiative in accordance with Article 18 of Regulation 608/2013, the box ‘National application (cf. Article 5(3))’ shall be ticked to indicate this.
Box 5 (Type of right to which the application refers): The terminology of the form was updated to reflect that by Regulation 2015/2424 of the European Parliament and of the Council, the term ‘Community trade mark’ was replaced in the Union legal order by the term ‘European Union trade mark’.
Box 10 (‘Small consignment procedure’): In case the applicant requests the use of the procedure for the destruction of goods in small consignments in accordance with Article 26 of Regulation 608/2013, he is able to specify on the form whether he wishes that procedure to be used in all the Member States or only in one or several specific Member States, by ticking the appropriate box of the Member State, or Member States, in which he wishes to have the procedure applied.
Box 15: (‘Involved companies’): It is mandatory for the applicant to provide in the application form in addition to the names of involved companies, also the addresses of involved companies and traders and their role, as that information is relevant to the customs authorities’ analysis and assessment of the risk of infringement.
The new form has become applicable on 15 May 2018 in all Member States.