In June 2018, the European Union Intellectual Property Office (‘EUIPO’) published the “Synthesis Report on IPR Infringement 2018” whose subject is the assessment of the impact and scope of the economic consequences of the infringement of the intellectual property rights (‘IPRs’) in the European Union.
The report synthesizes the results of a study carried out during five years by the EUIPO’s Observatory on Infringements of Intellectual Property Rights in collaboration with the European Patent Office and address, for the first time, the economic effects of the Counterfeits in several industries of the economy in the EU.
It is undisputable that the infringement of IPRs –including trademarks, designs, trade names, patents, utility models and copyrights– is a highly lucrative criminal activity that has been reinforced by the widespread use of Internet. To combat these infringements, sophisticated tools have been developed to strengthen those which are the subject of the Customs Surveillance Regulation[1] and to improve the level of coordination among customs surveillance authorities of the Union.
These tools for harmonization and control optimization include
(a) the Enforcement Database (EDB), which allows direct communication between the IPRs’ holders and the customs authorities in order to facilitate the infringing goods’ detection, ç
(b) the Anti-Counterfeiting Intelligence Support Tool (ACIST), which gathers statistics on detentions of articles that are suspected of infringing intellectual property and makes it easier for national authorities to internationally track infringing goods and
(c) the Anti-Counterfeiting Rapid Intelligence System (ACRIS), a web application that collects data relating to cases of intellectual property rights’ infringements affecting EU-based companies outside the Union.
All those tools are coordinated with the European Union Agency for Law Enforcement Cooperation (EUROPOL) and the European Anti-Fraud Office (OLAF).
In such a legislative and institutional context, ABG IP has launched a Counterfeit Goods’ Customs Seizure Service that includes comprehensive advice on identification of goods suspected of infringing IPRs at national and other EU custom offices. This service consist on the management of application for action regarding goods suspected of infringing IPRs both in Spain and in the rest of the EU, as well as their extensions, using the three tools described above.
Accordingly, when customs authorities inform us as the right holders’ representatives that goods suspected of infringing our clients’ IPRs are going to be brought into Spain or the EU, we act swiftly and effectively to verify the infringement, to request the destruction of the goods and, when applicable, to enforce the IPRs before the Courts of Justice.
[1] Regulation (EU) No. 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No. 1383/2003.
This note has been prepared by the Legal & Litigation Department of ABG IP for information purposes and does not constitute legal advice.
