Customs Regulation 1383/2003

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Regulation (EC) No 3295/94
European Union regulation
Full 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
Made by	European Council
Made under	Art. 133
Official Journal reference	L196, 2003
History
Made
Came into force
Applies from	2004-07-01
Preparative texts
Commission proposal
EESC opinion
EP opinion
Reports
Other legislation
Replaces	Regulation (EEC) No 3295/94
Amends
Amended by
Replaced by
Status: Current legislation

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.^[1] It supersedes Customs Regulation 3295/94, with the new provision having taken effect (and the former provision expiring) on July 1, 2004.^[2]

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".^[3]

[edit] References

^ 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).
^ Regulation (EC) No 3295/94 is repealed with effect from 1 July 2004. Article 24 of 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.
^ 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).