Customs Regulation 1383/2003 Explained

Type:Regulation
Number:(EC) No. 1383/03
Regulation 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
Madeby:Council
Madeunder:Art. 133
Ojrefurl:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:196:0007:0014:EN:PDF
Ojref:L196, pp. 7-14
Made:2003-07-22
Commenced:2003-08-09
Replaces:Customs Regulation 3295/94
Status:Repealed

Customs Regulation 1383/2003, the full title of which is Regulation 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, is a measure passed under Article 133 (formerly Article 113) of the EC Treaty. The provision is designed to protect the intellectual property rights of constituents of member nations.

The provision encourages EU Member States to facilitate cooperation between their respective customs agencies in preventing IP infringement.[1] It supersedes Customs Regulation 3295/94, with the new provision having taken effect (and the former provision expiring) on 1 July 2004.[2]

The provision permits owners of intellectual property rights "to prohibit entry into the EU and the export or re-export from the EU, of goods infringing: trade marks, copyright, patents, national or Community plant variety rights, designations of origin or geographical indications and geographical designations".[3]

The EU Customs Regulation 608/2013 came into force on 19 July 2013 and replaced the former Regulation 1383/2003.[4]

See also

Notes and References

  1. Jean-Luc Piotraut, European National IP Laws Under the EU Umbrella: From National to European Community IP Law, 2 Loy. Int'l L. Rev. 61, 84 (2005).
  2. [Customs Regulation 3295/94]
  3. Bradley J. Olson, Esq.; Michael R. Graham, Esq.; John Maltbie, Esq.; and Ron Epperson, The 10 Things Every Practitioner should Know about Anti-Counterfeiting and Anti-Piracy Protection, 7 J. High Tech. L. 106, 157 (2007).
  4. Web site: EUR-Lex - 32013R0608 - EN - EUR-Lex. 2021-12-08. eur-lex.europa.eu. en.