Regulation 2004/1891 - Provisions for the implementation of Council Regulation (EC) No 1383/2003 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 - Main contents
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official title
Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2004/1891 |
| CELEX number i | 32004R1891 |
| Document | 21-10-2004 |
|---|---|
| Publication in Official Journal | 02-12-2008; OJ L 328, 30.10.2004,Special edition in Romanian: Chapter 02 Volume 017,OJ L 322M , 2.12.2008,Special edition in Bulgarian: Chapter 02 Volume 017,Special edition in Croatian: Chapter 02 Volume 013 |
| Effect | 01-07-2004; Application See Art 11 30-10-2004; Entry into force Date pub. See Art 11 |
| End of validity | 31-12-2013; Repealed by 32013R1352 |
30.10.2004 |
EN |
Official Journal of the European Union |
L 328/16 |
COMMISSION REGULATION (EC) No 1891/2004
of 21 October 2004
laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 (1), and in particular Article 20 thereof,
Whereas:
(1) |
Regulation (EC) No 1383/2003 introduced common rules with a view to prohibiting the entry, release for free circulation, exit, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods, and to dealing effectively with the illegal marketing of such goods without impeding the freedom of legitimate trade. |
(2) |
Since Regulation (EC) No 1383/2003 replaced Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures concerning the entry into the Community and the export and re-export from the Community of goods infringing certain intellectual property rights (2), it is also necessary to replace Commission Regulation (EC) No 1367/95 (3), which laid down provisions for the implementation of Regulation (EC) No 3295/94. |
(3) |
For the different types of intellectual property rights, it is necessary to define the natural and legal persons who may represent the holder of a right or any other person authorised to use the right. |
(4) |
It is necessary to specify the nature of the proof of ownership of intellectual property required under the second subparagraph of Article 5(5) of Regulation (EC) No 1383/2003. |
(5) |
In order to harmonise and standardise the content and format of applications for action under Article 5(1) and (4) of Regulation (EC) No 1383/2003 and the information to be entered on the application form, a standardised version of the form should be established. The language requirements for applications for action under Article 5(4) of the Regulation should also be laid down. |
(6) |
The type of information to be included in applications for action should be specified in order to enable the customs authorities to recognise more readily goods that may infringe an intellectual property right. |
(7) |
It is necessary to define the type of right-holder liability declaration which must accompany the application for action. |
(8) |
In the interests of legal certainty, it is necessary to specify when the time periods laid down in Article 13 of Regulation (EC) No 1383/2003 commence. |
(9) |
Procedures should be laid down for the exchange of information between Member States and the Commission, so that it is possible, on the one hand, for the Commission to monitor the effective application of the procedure laid down by Regulation (EC) No 1383/2003, to draw up in due course the report referred to in Article 23 thereof and to try to quantify and describe patterns of fraud, and, on the other hand, for the Member States to introduce appropriate risk analysis. |
(10) |
This Regulation should apply from the same date as Regulation (EC) No 1383/2003. |
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of Article 2(2)(b) of Regulation (EC) No 1383/2003, hereinafter ‘the basic Regulation’, the...
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