Customs Regulation 1383/2003

EU regulation
title=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
number= (EC) No 3295/94
madeby=European Council
madeunder=Art. 133
OJref=L196, 2003
made=
commenced=
application=2004-07-01
CommProp=
ESCOpin=
ParlOpin=
Reports=
replaces=Regulation (EEC) No 3295/94
amends=
amendedby=
replacedby=
status=Current

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. [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).] It supersedes Customs Regulation 3295/94, with the new provision having taken effect (and the former provision expiring) on July 1, 2004. [ Regulation (EC) No 3295/94 is repealed with effect from 1 July 2004. Article 24 of [http://www.ige.ch/E/jurinfo/documents/j10704e.pdf 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] . ]

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". [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).]

References

See also

*Directive on the enforcement of intellectual property rights (2004/48/EC)
*Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights ("proposed")
*Copyright law of the European Union
*Community Trade Mark
*European Union patent law
*Copyright infringement