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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

EU Regulation No 1352/2013 · Adopted 4 December 2013 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003f1, and in particular Article 6(1) and Article 12(7) thereof,

After consulting the European Data Protection Supervisor,

Whereas:

(1)

Regulation (EU) No 608/2013 sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right are, or should have been, subject to customs supervision or customs controls in accordance with Council Regulation (EEC) No 2913/92f2.

(2)

In accordance with Regulation (EU) No 608/2013 persons and entities duly entitled may submit an application to the competent customs department requesting that customs authorities take action on those goods (application) and may also request the extension of the period during which the customs authorities are to take action in accordance with a previously granted application (extension request).

(3)

In order to ensure uniform conditions for the application and for the extension request, standard forms should be established.

(4)

Those standard forms should replace those provided for in Commission Regulation (EC) No 1891/2004f3 implementing Council Regulation (EC) No 1383/2003f4, which is to be repealed by Regulation (EU) No 608/2013.

(5)

Regulation (EC) No 1891/2004 should therefore be repealed.

(6)

Regulation (EU) No 608/2013 shall apply from 1 January 2014 and, therefore, this Regulation should also be applicable from the same date.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, referred to in Article 34(1) of Regulation (EU) No 608/2013,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 181, 29.6.2013, p. 15.

f2

Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1.).

f3

Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 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 (OJ L 328, 30.10.2004, p. 16.).

f4

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 (OJ L 196, 2.8.2003, p. 7).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. Signature
  6. Annex IAnnex I
  7. Annex IIAnnex II
  8. Annex III: NOTES ON COMPLETION
  9. ISPECIFICATIONS OF THE BOXES OF THE APPLICATION FOR ACTION FORM SET OUT IN ANNEX I TO BE FILLED IN BY THE APPLICANT
  10. Box 1:Applicant
  11. Sub-box ‘Restricted handling’ in boxes 12-28
  12. Page 2:Information on authentic goods in boxes 12-19
  13. Box 12:Goods details
  14. IISPECIFICATIONS OF THE BOXES OF THE REQUEST FOR EXTENSION FORM SET OUT IN ANNEX II TO BE FILLED IN BY THE HOLDER OF THE DECISION

1

1.

The application requesting that customs authorities take action with respect to goods suspected of infringing an intellectual property right (application) referred to in Article 6 of Regulation (EU) No 608/2013 shall be made by using the form set out in Annex I to this Regulation.

2.

The request for extension of the period during which the customs authorities are to take action (extension request) referred to in Article 12 of Regulation (EU) No 608/2013 shall be made by using the form set out in Annex II to this Regulation.

3.

The forms set out in Annexes I and II shall be completed in accordance with the notes on completion set out in Annex III.

2

Without prejudice to Article 5(6) of Regulation (EU) No 608/2013, the forms set out in Annexes I and II to this Regulation may, where necessary, be completed legibly by hand.

Those forms shall contain no erasures, overwritten words or other alterations and shall be made up of two copies.

The handwritten forms shall be completed in ink and block capitals.

3

Regulation (EC) No 1891/2004 is repealed.

4

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2014.

Signature

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Annex IF1

Annex IIF1

ISPECIFICATIONS OF THE BOXES OF THE APPLICATION FOR ACTION FORM SET OUT IN ANNEX I TO BE FILLED IN BY THE APPLICANT

Fields in the form marked with an asterisk (*) are mandatory fields and shall be filled in.

Where in a box one or more fields are marked with a plus sign (+) at least one of those fields shall be filled in.

No data shall be entered in the boxes marked ‘for official use’.

Box 1:Applicant

F1Details concerning the applicant shall be entered in this box. It shall contain information on the name and complete address of the applicant, his or her 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 the applicant, his or her telephone, mobile telephone or fax number and his or her email address. The applicant may also enter, where appropriate, his Taxpayer Identification Number, any other national registration number and the address of his or her website.

Sub-box ‘Restricted handling’ in boxes 12-28

Where the applicant wishes to request that information provided by him in boxes 12-28 be the subject of restricted handling within the meaning of Article 31(5) of Regulation (EU) No 608/2013, this sub-box shall be ticked.

Page 2:Information on authentic goods in boxes 12-19

The applicant shall enter in boxes 12-19, as appropriate, specific and technical data on the authentic goods, information needed to enable the customs authorities to readily identify goods suspected of infringing IPR and information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the IPR(s) concerned.

Box 12:Goods details

Box 12 shall contain a description of the authentic goods, including get-up and graphic symbols, their Combined Nomenclature code and their value in the EU internal market. The applicant, where appropriate, shall provide images of those goods. The information shall be arranged per different type of goods or different assortment of goods.

IISPECIFICATIONS OF THE BOXES OF THE REQUEST FOR EXTENSION FORM SET OUT IN ANNEX II TO BE FILLED IN BY THE HOLDER OF THE DECISIONF1

Fields in the form marked with an asterisk (*) are mandatory fields and shall be filled in.

In boxes where fields are marked with a plus (+) at least one of these fields shall be filled in.

Do not enter data in the boxes marked ‘ for official use ’ .

Box 1: Details concerning the holder of the decision

Details concerning the holder of the decision shall be entered in this box.

Box 2: Representative of the holder of the decision

Where the request is submitted by the holder of the decision by means of a representative, details concerning that representative shall be entered in this box. Those details shall contain information on the name and complete address of the representative, his or her 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 the representative, his or her telephone, mobile telephone or fax number and his or her email address. The representative may also enter, where appropriate, the name of the company where he or she works and the address of the company’s website. If not submitted with the initial application, the request shall include evidence of his or her power to act as a representative in accordance with the legislation of the Member State where the initial decision was adopted and the corresponding box shall be ticked.

Box 3: Extension request

The application registration number including the first two digits with the iso/alpha-2 code of the Member State of granting shall be entered in this box. The holder of the decision shall likewise indicate whether he or she is requesting modifications to the information contained in the application by ticking the appropriate box.

Box 4: Signature

In box 4, the holder of the decision or the representative of the holder of the decision shall enter the place and date of completion of the request and shall sign. The signatory’s name shall be given in block capitals.