The changes introduced by EU council regulation 608/2013

Abstract

The infringements of Intellectual Property Rights have been on the rise consistently throughout the years. This is the reason why there is a constant need for border measures to be revised every few years.In fact, in the earlier European Regulations it was stipulated that after the promulgation of new customs enforcement laws, an assessments of its functions was to be carried out frequently. That also seems to be the case today, with the introduction of the current Customs Enforcement Regulation. This thesis sets out to examine the concepts introduced by EC Regulation 608 of 2013 as well as assess the various Customs Enforcement Regulation that were in force prior to its introduction namely, the 1984 Regulation, the 1994 Regulation and the 2003 Regulation. These contributed readily to the need to protect right holder from infringements. An examination of the current Regulation is not possible without examining the procedure that must be carried out by the customs authorities throughout the Union in accordance with the Regulation: the Application for Action. This is turn cannot be examined without looking at the developments that were undergone with regards to the Simplified Procedure, now the Standard Procedure and the introduction of the Simplified Procedure in relation to small consignments. Pursuant to the Nokia/Philips case in 2011, some were hopeful that the new Regulation will cater for the situation of goods in transit but this was not the case. However, the introduction of the amendments to the European Union Trade Mark Act on the 23rd of March 2016, clarified the situation at hand. The discussion on customs enforcement cannot be holistic without some criticisms of the different Regulations. This thesis seeks to examine these issues and introduce possible solutions.