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Customs Enforcement of IP Rights Regulation In force since 1 January 2014

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 1383/2003
32013R0608 · official text on EUR-Lex

Articles

Chapter I SUBJECT MATTER, SCOPE AND DEFINITIONS

• Article 1 — Subject matter and scope
• Article 2 — Definitions

Chapter II APPLICATIONS

Section 1 Submission of applications

• Article 3 — Entitlement to submit an application
• Article 4 — Intellectual property rights covered by Union applications
• Article 5 — Submission of applications
• Article 6 — Application form

Section 2 Decisions on applications

• Article 7 — Processing of incomplete applications
• Article 8 — Fees
• Article 9 — Notification of decisions granting or rejecting applications
• Article 10 — Decisions concerning applications
• Article 11 — Period during which the customs authorities are to take action
• Article 12 — Extension of the period during which the customs authorities are to take action
• Article 13 — Amending the decision with regard to intellectual property rights.
• Article 14 — Notification obligations of the competent customs department
• Article 15 — Notification obligations of the holder of the decision
• Article 16 — Failure of the holder of the decision to fulfil his obligations

Chapter III ACTION BY THE CUSTOMS AUTHORITIES

Section 1 Suspension of the release or detention of goods suspected of infringing an intellectual property right

• Article 17 — Suspension of the release or detention of the goods following the grant of an application
• Article 18 — Suspension of the release or detention of the goods before the grant of an application
• Article 19 — Inspection and sampling of goods whose release has been suspended or which have been detained
• Article 20 — Conditions for storage
• Article 21 — Permitted use of certain information by the holder of the decision
• Article 22 — Sharing of information and data between customs authorities

Section 2 Destruction of goods, initiation of proceedings and early release of goods

• Article 23 — Destruction of goods and initiation of proceedings
• Article 24 — Early release of goods
• Article 25 — Goods for destruction
• Article 26 — Procedure for the destruction of goods in small consignments

Chapter IV LIABILITY, COSTS AND PENALTIES

• Article 27 — Liability of the customs authorities
• Article 28 — Liability of the holder of the decision
• Article 29 — Costs
• Article 30 — Penalties

Chapter V EXCHANGE OF INFORMATION

• Article 31 — Exchange of data on decisions relating to applications and detentions between the Member States and the Commission
• Article 32 — Establishment of a central database
• Article 33 — Data protection provisions

Chapter VI COMMITTEE, DELEGATION AND FINAL PROVISIONS

• Article 34 — Committee procedure
• Article 35 — Exercise of the delegation
• Article 36 — Mutual administrative assistance
• Article 37 — Reporting
• Article 38 — Repeal
• Article 39 — Transitional provisions
• Article 40 — Entry into force and application