B9 9717. Speech EU Commissaris Algirdas Šemeta: "Enforcement of IPR by Customs: Stronger, clearer and updated rules"
Ter introductie van het gisteren aangekondige ‘nieuwe IER-douaneverordening’: Proposal for a Regulation of The European Parliament and of the Council concerning customs enforcement of intellectual property rights (COM(2011) 285).
“Today's proposal will further strengthen the ability of customs to tackle the trade in IPR infringing goods. (…) Today, the intention is to make IPR enforcement legislation stronger, clearer and more up to date.
Our proposal will clarify the role of customs in IPR enforcement by streamlining the procedures. In particular, it makes clear that the regulation is of a procedural nature and does not create new rights for right holders.
(…) When generic medicines cross the EU territory on their way to developing countries, customs should only act if it is likely that they are in fact destined to the EU market.
(…) We propose to widen he scope for customs to control against IPR infringing goods, by including additional infringements and protected rights. For example, customs will be able to act in case of illegal parallel trade and lookalike trademark infringements, and more complex rights such as topographies of semiconductor.
(…) We think these may result from consumers ordering over the internet, often unaware that they are buying fakes. We therefore propose a specific procedure for small cases where the goods are considered to be counterfeit or pirated. Under this procedure consumers can very easily abandon the goods for destruction. This will avoid them facing cumbersome legal procedures on top of the deception of having bought fakes.
I firmly believe that this proposal provides for a clear response to those challenges that right holders and customs authorities face every day."
Lees de speech hier, voorstel Commissie en documentatie hier.
