New Application Form for Customs Action in the EU (Altius)
Author: Olivier Vrins (Altius)
Date of publication: 18/04/2018
Commission Implementing Regulation (EU) No 2018/582 of 12 April 2018 amending Commission Implementing Regulation (EU) No 1352/2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights has been published in the Official Journal of 18 April 2018.
The new Regulation brings a number of (minor) amendment to Annexes I and III of Regulation 1352/2013. It essentially replaces the “standard” application form referred to in Regulation 608/2013, as it had been established by Regulation 1352/2013. According to the Commission, the application form needed to be adapted to take account of the practical experience made in using that form and to ensure a trouble free transmission and exchange of information via COPIS.
Main novelties of the new form
- Where an application is submitted after the customs authorities have suspended the release of or detained the goods ‘ex-officio’, this should now be indicated on the application form by the applicant.
- The applicant is now also required to provide in the application form the names and addresses of involved companies and traders. In the Commission’s opinion, that information is relevant to the customs authorities’ analysis and assessment of the risk of infringement.
- Where the applicant requests the use of the procedure for the destruction of goods in small consignments in accordance with Article 26 of Regulation 608/2013, he or she should be able to specify whether he or she wishes that procedure to be used in all the Member States or in one or several specific Member States.
- Following the EU “Trade Mark Package”, the term ‘Community trade mark’ in the form has been replaced by the term ‘European Union trade mark’.
The new form will become applicable as from 15 May 2018.