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 Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signe ...
. 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. It supersedes
Customs Regulation 3295/94, with the new provision having taken effect (and the former provision expiring) on July 1, 2004.
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 mark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from oth ...
s,
copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
,
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
s, national or Community
plant variety rights,
designations of origin or
geographical indication
A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town, region, or country). The use of a geographical indication, as an indication of the product's source, ...
s and
geographical designations".
The EU Customs Regulation 608/2013 came into force on July 19, 2013 and replaced the former Regulation 1383/2003.
See also
*
Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights (''proposed'')
*
Copyright infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
References
Intellectual property law of the European Union
1383-2003
2003 in law
2003 in the European Union
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