Post on 13-Jul-2020
SUBREGIONAL CAPACITY-BUILDING CONFERENCE ON ECONOMIC ASPECTS AND
ENFORCEMENT OF INTELLECTUAL PROPERTY
09 - 10 November 2011
Chisinau, Republic of Moldova
ENFORCEMENT OF INTELLECTUAL ENFORCEMENT OF INTELLECTUAL
PROPERTY RIGHTS PROPERTY RIGHTS –– BORDER BORDER
MEASURESMEASURES
NATIONAL CUSTOMS AUTHORITYROMANIA
LEGAL INTERNATIONAL PROVISIONS
•TRIPS AGREEMENT-Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994.
PART III – ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Section 4 – Special requirements related to border measures
LEGAL INTERNATIONAL PROVISIONS
(CONT.)Definitions:• Counterfeit goods:(a) “counterfeit trademark goods” shall mean
any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation;
• (b) “pirated copyright goods” shall mean any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation. Back to text
LEGAL INTERNATIONAL PROVISIONS
(CONT.)
• Art.51 – Suspension of release by customs authorities
• Art.52 – Application
•Art. 53 – Security or equivalent assurance
•Art. 54 – Notice of suspension
•Art. 55 – Duration of suspension
LEGAL INTERNATIONAL PROVISIONS
(CONT.)
•Art. 56 – Indemnification of the importer and of the owner of the goods
•Art.57 – Right of inspection and information
•Art. 58 – Ex officio action•Art. 59 – Remedies•Art. 60 – De minimis imports
LEGAL EUROPEAN PROVISIONS
• Council Regulation (EC) No 1383/2003 of 22 July 2003 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
• Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 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
Council Regulation (EC) No 1383/2003 of 22 July 2003 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
• Replace the old EU Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods
• Customs authorities are able to take action against counterfeit goods, pirated goods and goods infringing certain intellectual propertyrights which are in the process of being exported, re-exported or leaving the Community customs territory
• Even where no application has yet been lodged or approved, the Member States are authorised to detain the goods for a certain period to allow right-holders to lodge an application for action with the customs authorities
Council Regulation (EC) No 1383/2003 of 22 July 2003 (Cont.)
• Introduce provisions concerning a more flexible procedure allowing goods infringing certain intellectual property rights to be destroyed without there being any obligation to initiate proceedings to establish whether an intellectual property right has been infringed under national law (“simplified procedure”)
• Introduce the possibility of increasing the number of intellectual property rights covered by the Regulation
• Harmonised form of application for customs action and procedure in all EU Member States
• The right-holder is not charged a fee to cover the administrative costs occasioned by the processing of the application
Council Regulation (EC) No 1383/2003 of 22 July 2003 – Application for action
• The application for action shall be made out on a form established in accordance with the Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 and it must contain all the information needed to enable the goods in question to be readily recognised by the customs authorities, and in particular:
• (i) an accurate and detailed technical description of the goods;• (ii) any specific information the right-holder may have concerning
the type or pattern of fraud;• (iii) the name and address of the contact person appointed by the
right-holder.• The application for action must also contain the declaration
required of the applicant by Article 6 and proof that the applicant holds the right for the goods in question.
Council Regulation (EC) No 1383/2003 of 22 July 2003 – Application for action
By way of indication and where known, right-holders should also forward any other information they may have, such as:
• (a) the pre-tax value of the original goods on the legitimate market in the country in which the application for action is lodged;
• (b) the location of the goods or their intended destination;• (c) particulars identifying the consignment or packages;• (d) the scheduled arrival or departure date of the goods;• (e) the means of transport used;• (f) the identity of the importer, exporter or holder of the goods;• (g) the country or countries of production and the routes used by
traffickers;• (h) the technical differences, if known, between the authentic and
suspect goods.
WHAT WE NEED TO BE EFFECTIVE?
•APPROPRIATE STRUCTURE
• TOOLS
• TRAINED CUSTOMS STAFF
• CO-OPERATION WITH:� IP RIGHT HOLDERS AND THEIR ASSOCIATIONS
� ALL NATIONAL AND INTERNATIONAL AGENCIES INVOLVED IN IPR ENFORCEMENT
04/14/10 13
ORGANIZATIONAL CHART
NATIONAL CUSTOMS AUTHORITYVICE-PRESIDENT
LegalDirectorate
Directorate Human Resources, GeneralOrganisation and
Training
Directorate InformationTechnology,
CommunicationAnd Customs Statistics
Directorate Customs
Clearance Techniques
Directorate of Surveillance of
Exciseand Customs
Operations
Directorate of Surveillance of
Exciseand Customs
Operations
Directorate Budget, Investments and
Service Management
Division CustomsEuropean Integration and
International Relations
Division InternalVerifications
Division Internal Public Audit Directorate Authorisation
For Excise Goods And Customs Tariff
Directorate AuthorisationFor Excise Goods And
Customs Tariff
Division PHAREProgrammes
Implementation
Interior and BorderCustoms Offices
(46)
County Directorates for Excise And Customs Operations
(42)
Regional Directorates for Excise andCustoms Operations
(8)
14
DIRECTORATE OF SURVEILLANCE OF EXCISE AND CUSTOMS OPERATIONS
DIRECTOR
DEPUTY DIRECTOR
Division of Post-Clearance
Control and Customs Fraud
Investigation
Anti-Drug andProtection of Intellectual
Property Rights Division
CustomsInformation
Center
Office ofMethodologicalCoordination ofFight Against
Customs Fraud
Mobile Team and Surveillance of Excise Goods
Division
Customs Information Centre
Regional CompartmentsFor Protection of IPR
(8)
County CompartmentsFor Protection of IPR
(42)
IPR Structure•Central level: Anti-Drug and Protection ofIntellectual Property Rights Service (3 customs officers)
• 8 Regional Customs Directorates: 13 customs officers within IPR Units
• 42 County Customs Directorates: 45 customs officers within IPR Units
• 46 Customs Offices
TOOLS - IIPR- Industrial &Intellectual
Property Rights
Information provided by the right holders in applications
Training of customs staff on IPR
enforcement
METHODS
• On the job training
• On – line training (e-learning)
• Training in the classroom
Training of customs staff on
IPR enforcement
ON THE JOB TRAINING
• More efficient
• Experienced trainer on the job
• Low human and material resources
Training of customs staff on IPR enforcementOn – line training (e-learning)Content of IPR module
Training of customs staff on
IPR enforcement
IN THE CLASSROOM• People are focused on
training process• Interaction between
participants (case studies, group exercises)
• Training a large number of employees in a short time
RESULTS?!!!
SIGNIFICANTCASES!!!
RESULTS - APPLICATIONS
2008 2009 2010
Total number of applications
533 622 688
Community applications
178 302 429
RESULTS – SEIZED GOODS
• Number of actions
• Number of seized goods
2008 2009 2010
Number of actions
406 524 615
2008 2009 2010
Number of seized goods
21.411.728 70.076.524 21.613.095
Constanta, May 2007137 272 pairs sport shoes
NIKE, PUMA, ADIDAS, REEBOK
SIGNIFICANT CASES 2011
• Date: 27.01.2011• Location: Customs
office Constanta Sud• Quantity/type of seized
goods: 4.371 pcs. belts• Infringed IPR: D&G,
LOUIS VUITTON, G-STAR, BOSS, LEVI`S
• Origine of goods:China
• Destination: Romania
SIGNIFICANT CASES 2011
• Date: 01.02.2011• Location: Customs
office Constanta Sud• Quantity/type of
seized goods: 15 250pairs of sport shoes
• Infringed IPR:Converse, NBA
• Origin of goods:China
• Destination: Republic of Moldova
SIGNIFICANT CASES 2011
• Date: 14.04.2011• Location: Customs
office Constanta Sud• Quantity/type of
seized goods: 70 075pcs. Of clothing articles
• Infringed IPR:Adidas
• Origin of goods:China
• Destination: Ukraine
WHAT IS THE MAIN CONCERN NOWADAYS?
SECURITY AND HEALTH OF CONSUMERS
WHAT IS THE MAIN CONCERN NOWADAYS?
SECURITY AND HEALTH OF CONSUMERS
• Date: 10.06.2011• Location: Internal
market• Quantity of seized
goods: 89 600 pcs. • Infringed IPR:
Pampers• Origine of goods: China
THANK YOU FOR YOUR ATTENTION
Florica Maria PÃUNSenior adviserNational Customs AuthorityDirectorate for Excise Surveillance and Customs
OperationsAnti-Drug and Protection of Intellectual Property
Rights Service13 Matei Millo Street, District 1, 010144 Bucharest,
Romania• Tel: +40 21 319 31 81• Fax: +40 21 319 31 81• E-mail: florica.paun@customs.ro