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European Commission updates counterfeit goods regulation to help rights holders better enforce rights

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The European Commission has published a proposed Regulation regarding the customs enforcement of intellectual property rights. If implemented, the Regulation would update the Counterfeit Goods Regulation 1383/2003/EC in the following ways:

  • The rights and procedures regarding seizing infringing material would extend from the current position which catches goods infringing patents, trade marks, copyright or design rights. It would also cover trade names and semiconductor topographies.
  • Parallel imported goods contrary to European Union law would also be seized.
  • A new quicker procedure would be established to enable customs authorities to deal with goods abandoned by their owner for destruction without having to go through formal legal proceedings if the owner does not object within a short period of time.
  • Have a new procedure whereby rights owners do not need to be involved with the destruction of small consignments.

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