Dealing with Counterfeit Goods

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Dealing with Counterfeit Goods

• Margarida Fernandes
• Sofia,30 June 2005

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New strategies to deal with counterfeiting and
piracy were adopted by customs authorities
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Customs officers Tools available for dealing and
fighting counterfeit and piracy goods
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At Present Time
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In communitary terms

• Two main diploms
• Council Regulation(EC) No 1383/2003 of 22 July
• Commission Regulation (EC) No 1891/2004 of 21
  October

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Goals of EC Reg.1383/2003

• Cover more IPRs
• Improve the quality of the information
• Standardise the period of validity and the form
  of request

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Goals of EC Reg.1383/2003(cont.)

• Abolish fees and guarantees
• Extend the scope of ex officio procedure
• Increase the quality and amount of information

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Goals of EC Reg.1383/2003(cont.)

• Delivery of samples to the right owners
• Allows destruction of the goods
• Specifies the traveller controls

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What about EC Reg.No 1891/2004?

• Lays down provisions for the implementation of
  Reg. No 1383/2003
• Harmonise and standardise the content and format
  of applications for action

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In national terms

• Industrial property code
• Instructions for implementation of communitary
  regulations
• Protocol with IPNI

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Selection for customs control

• Criteria of risk management
• global
• exchange customs intelligence
• information contained in the applications
• local
• Airwaybill, bill of lading, exporter, origin,
  terms of payment, invoice-value of the goods
• Check the goods-mixed trademarks, physical
  control- quality of packaging.

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Close co-operation

• meetings, seminars, training
• exchange of information between customs officers
  and other law enforcement agencies
• an intranet data base is being implemented
• the creation of a group of experts for training
  on job is under study.

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Near Future

• Directive 2004/48/EC adopted in April 2004
• Implementation by all 25 EU Member States until
  April 2006

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What does it brings?

• National legislation across the EU to improve
  procedures in order to constitute best
  practice
• in
• several member states

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• THE END