Customs measures to protect intellectual property rights in the EU
Counterfeit, Piracy and other IPR violations
Customs administrations are at the frontline in enforcing intellectual property rights (IPR) at the EU border. To effectively carry out their task, the active engagement of rights-holders is needed.
Cooperation is the most effective tool in this effort. Thanks to the information provided by right holders, customs officers can more easily identify goods suspected of IPR infringement and take necessary action.
As a right holder, you can defend your rights by asking customs to detain goods suspected of infringing your IPR.
Intellectual property rights protection was established to ensure that creative and inventive efforts are rewarded, and that investments in new and more efficient products are encouraged. IPR greatly stimulate job creation in today's knowledge-based economy.
IPR infringements are a widespread and worrying phenomenon. There are many reasons for the increase in IPR infringements, including:
the attractiveness of cheap 'look-alike products'
the ease and minimal cost of producing copies
the development of new forms of marketing, such as e-commerce
social media and the growth of international trade
IPR infringements reduce business and government revenues, stifle investment and innovation, and hinder economic growth. They result in job losses and reduced wealth creation. Goods that infringe IPR may also harm consumers and the environment as they are less likely to be manufactured in compliance with health and safety standards.
Trade in IPR-infringing goods is a serious problem for everyone. Therefore, dealing with it is a serious responsibility.
Facts and figures
Since 2020, the Commission’s Directorate-General for Taxation and Customs Union (DG TAXUD) and the European Union Intellectual Property Office (EUIPO) publish a joint annual report with an overview of the seizures of articles suspected of infringing IPR (such as trade marks, copyrights, designs and patents) in the EU internal market and at external border.
IPR infringement is theft. When you buy counterfeit goods, you may indirectly fund organized crime by helping traders who break the law. You also deprive legitimate producers of their profits, discourage innovation and creativity, and indirectly harm the people employed in the production and sale of IPR-infringing goods. Finally, you risk your own health and safety.
The customs authorities of EU Member States are on the front line in preventing IPR-infringing goods from entering the Customs territory. Nonetheless, trade in counterfeit and pirated goods would not exist without consumer demand.
International cooperation
Due to new technologies and globalisation, IPR infringement has become a global phenomenon. For this reason, to achieve effective IPR enforcement, EU customs authorities must cooperate with the customs authorities of all countries involved in the supply chain.
The EU and its trading partners agree on certain standards of IPR enforcement at the border in the framework of Free Trade Agreements (FTAs). It is in the common interest of both parties to strengthen cooperation in the field of IPR enforcement beyond the standards of the WTO agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The parties also ensure that customs action in this field is compatible with their obligations under WTO law.
Regulation (EU) No 608/2013 is the legislation currently applicable.
The regulation:
specifies the range of IP Rights and infringements that are covered;
contains provisions for right holders on how to request customs for protection;
determines procedures for customs to follow when goods suspected of IPR infringement are discovered;
provides provisions for cooperation and exchange of information between customs and right holders;
includes measures to ensure that the interests of legitimate traders are protected.
The Commission notice clarifies the application of Regulation (EU) No 608/2013 and of the trademark package (Regulation (EU) 2015/2424) regarding goods coming through the territory of the EU from third countries without being released for free circulation, including goods in transit.
Implementing Regulation (EU) No 1352/2013 establishes application forms for right holders to request customs enforcement of intellectual property rights.
Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights
