Counterfeit and Pirated Goods - CDPN39
Council Regulation No. 608/2013 and Commission Implementation Regulation No. 1352/2013 provide measures for Customs action against suspect counterfeit and pirated goods at points of importation into and exportation from the EU.
The following infringements are excluded from the scope of these Regulations:
- goods in free circulation in the European Community moving between Member States
- goods of a non-commercial nature contained in travellers’ personal luggage within the limits laid down in respect of relief from Customs duty
- goods manufactured with the consent of the holder of a right but entered for free circulation, export, re-export or for another Customs procedure without his/her consent
- goods manufactured with the consent of the holder of a right which have been manufactured or bear a trade mark under conditions other than those agreed with the holder
Statutory Instrument No. 562 of 2013 transposes this EU legislation into national law and nominates the Revenue Commissioners as the competent authority in relation to these Regulations.
Application for Action
The above mentioned legislation provides that Right-holders or their representatives can make an application for Customs action to prevent the import or export of suspect IPR infringing goods. Once an application is granted, customs staff may:
- detain suspect infringing goods
- contact the right holder who will confirm if the goods infringe an IPR
- arrange for the destruction of any infringing goods (the right holder may be asked to pay destruction costs)
When making and Application for Action, the Right-Holder, Authorised User or representative must: -
- provide Customs with a sufficiently accurate description to make identification possible; and
- provide proof that the applicant is the holder of the right in question.
The application, when granted, is valid for a maximum period of 12 months and may be renewed annually. Applications may not extend beyond the end of the period for which the right is validly registered.
The standard forms for the application for action that must be used from 1 January 2014 are as follows:
It should be noted that to extend an application that was issued under the previous IPR Regulation (EC) No.1383/2003, a completely new application must be submitted in the first instance and an extension request may be used thereafter.
Applications may be made to: -
Office of the Revenue Commissioners,
Prohibitions & Restrictions Unit,
Corporate Affairs and Customs Division,
Phone: +353 67 63155 / 63441.
Red Alert / New Trends Forms
The Red Alert Form and the New Trends Form are available so that Right-Holders and Industry can notify Customs about specific information or general trends concerning suspected counterfeit goods.
The Red Alert Form should be used to notify Customs of urgent specific information about suspected counterfeit consignments.
The New Trends Form should be used to notify Customs of new trends in counterfeiting that they become aware of to aid in detection of counterfeit goods.
Completed New Trend or Red Alert Forms should be forwarded to:
Investigations & Prosecutions Division
Co ordination Unit
Phone: 00 353 1 8277507
Where members of the public wish to report on counterfeit goods, they should contact their local Garda Station in the first instance.
Updated: January 2014