The EU Customs Regulation covers various IP rights protected in the EU or a Member State, including:
- trade marks
- design rights
- copyright
- geographical indications or designations of origin
- patents
The EU Customs Regulation applies to counterfeit goods, pirated goods and goods suspected of infringing an IP right. However, it does not apply to goods that have been released for free circulation under the EU end-use regime, goods of a non-commercial nature contained in travellers’ personal luggage, parallel imports and overruns.
In the UK, Applications for Action (AFA) must be submitted to HMRC (IP Rights AFA Approvals Team). An AFA can be a ‘national application’ (requesting the UK customs authorities to take action in the UK) or a ‘Union application’ (requesting the UK customs authorities and the customs authorities of one or more other Member States to take action in their respective countries). A Union application may be submitted only with respect to EU-wide IP rights such as an EU trade mark.
The EU Customs Regulation specifies what information must be contained in an AFA and which persons and entities are entitled to submit national applications and Union applications.
The EU Customs Regulation provides for the circumstances and procedures under which national customs authorities identifying goods suspected of infringing an IP right may suspend their release or detain these goods, and also destroy these goods.
The EU Customs Regulation also makes provision for the procedure under which goods transported in small consignments (postal or express courier consignments which contain three units or less or have a gross weight of less than two kilograms) may be destroyed.