Dealing with Counterfeit Goods Margarida Fernandes Sofia,30 June 2005.

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Presentation transcript:

Dealing with Counterfeit Goods Margarida Fernandes Sofia,30 June 2005

New strategies to deal with counterfeiting and piracy were adopted by customs authorities

Customs officers Tools available for dealing and fighting counterfeit and piracy goods

At Present Time: community law instruments national instruments selection for customs control close co-operation with all people involved

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

Goals of EC Reg.1383/2003: Cover more IPR’s Improve the quality of the information Standardise the period of validity and the form of request

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

Goals of EC Reg.1383/2003 (cont.) Delivery of samples to the right owners Allows destruction of the goods Specifies the traveller controls

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

In national terms Industrial property code Instructions for implementation of communitary regulations Protocol with IPNI

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.

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.

Near Future Directive 2004/48/EC – adopted in April 2004: Implementation by all 25 EU Member States until April 2006

What does it brings? National legislation across the EU to improve procedures in order to constitute “ best practice ” in several member states

THE END