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IPR Border Detention EU

China-Indonesia EU TCF project Seminar, November 2013 Severin de Wit, Key IPR Expert EU-TCF
by

IPEG IP Expert Group

on 5 March 2015

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Transcript of IPR Border Detention EU

Intellectual property and Border
Enforcement, China-Indonesia

an EU sponsored Trade Cooperation Facility project Shanghai, November 2013
Relevant Laws
EU:
Council Regulation: 1383/2003
Commission Regulation: 1891/2004
National:
IP legislation EU Countries
EU Customs Border Detention
A uniform set of controls since 1994
Initially for piracy & counterfeits
Patents etc. since 1999
Regulation: applies directly in all EU countries
National procedural differences

One EU Border
Once Customs Cleared
Free Movement in all EU
Transit Procedures
Products remain “under Bond” during storage & transport
Flexible Clearance Location

EU Customs Border Detention
Severin de Wit, TCF IPR Key Expert, on EU Border Detention
What is IP Border Detention?
Detention = Customs suspend approval of release
To facilitate follow up action by IP owner
Customs can detain shipments
On their own initiative (ex-officio)
Pursuant to application (Customs Detention Order, “CDO”)
No obligation for Customs to detain

Ex-officio:
Reasonable suspicion of infringement
Goods blocked for 3 days
IP owner is notified and can file application for CDO (within 10 days
Largest Port of Entry into the EU:
11,145,804 TEU's
(twenty-foot equivalent units)
2nd and 3rd largest harbors:
Antwerp (Belgium)
Hamburg (Germany)
2010
CDO Application:
Customs Detention Orders (“CDO”)
Issued ex parte
EU Regulation does not explicitly require infringement evidence
No fees or bonds required
Standard Form
Registration IP Right & ownership
Contact Details IP owner/attorney
Power of attorney
Confirmation of liability for Unlawful Detention:
Court declines infringement
Failure to pursue legal action
Most EU customs offices prefer to also receive electronic application
Full transcript