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Customs Service Trademarks Border measures against Counterfeiting and piracy

Customs Service Trademarks Border measures against Counterfeiting and piracy. Falenty, 27 September 200 7. EC Regulation No. 1891/2004. EU Regulation No. 1383/2003. Law on Customs Service. Community Customs Code. What are the legal requirements on Customs?.

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Customs Service Trademarks Border measures against Counterfeiting and piracy

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  1. Customs Service Trademarks Bordermeasuresagainst Counterfeiting and piracy Falenty, 27September 2007

  2. EC Regulation No. 1891/2004 EU Regulation No. 1383/2003 Law on Customs Service Community CustomsCode What are the legal requirements on Customs? Govermental Strategy IPR Procedures Customs Law MoFRegulation

  3. The goal Regulation No. 1383/2003 ECNational legislation

  4. What is a trademark Article 2 Reg. 1383/2003 DEFINITION A trademark is any sign, including words, names, numerals and other elements like colours meant to identify the goods and to distinguish them from other goods Customs Service

  5. System controls levying and collection of customs and excise duties value added tax payable on imports securing the area of freedom, security and justice non-tariff barriers || || || Performs tasks to observethe Social goals. Within these non fiscaltasks IPR is related to Economy. Non fiscal Infrastructure IPR Customscontrol Customs Service

  6. ImprovingCustoms Service Customs Service IPR Unit IPR Coordinators Development resulting in uniformity and adaptationprocedures which bind customs officers Managing documents, information, external environment is more easily,effective andtime saving Regional coordination of the IPR precedures that facilitates internal and external workflow The IT solution Służba Celna RP

  7. Keyactors • Applicationfor theprotection • Delivery of information • Communication Right owner • Receiving application • Distribution ofinformation Warsaw Chamber IPR Chamber Coordinator Handlinginformation Communication • IT System (Vinci) Administrator, • Statistics, Training IPR Unit The Ministry • Request forinformation • Communication Customs office

  8. WorkingintheCustoms System • Procedure to suspend release of goods or detain them • exemptions for “parallel imports” and fortraveller's personal baggage • Information about • the transport • and the delivery of the • goods Twotypes of action Paper entries and computerised system Checkingall paper entries Red Yellow Green System Controls Customs Service Falenty, 27-09-2007.

  9. Steps Detecting goods – Upon request or on ex-officio Goal achievied Acting P a y m e n t Detaining goods - Examination and sampling Destruction of goods - after legal judgementor in simplified procedure Customs Service

  10. Ex Officio 10 WD 3 WD 10 WD Proceedings... 10 1 2 3 4 5 6 7 8 9 • Detention on the possibility of infringement • Identyfyingtheright-holder und gettingintocontact/aboutdetaining • Donebyregionalorlocalofficer • Applicationprocedure • DonebyWarsaw office • Furtheradvisetothecustomsoffice • Donebyregionalorlocalofficer • Time limits – 10 workingdays 10 1 2 3 4 5 6 7 8 9

  11. Proceedings... • Situation defined (art. 1 of Reg. 1383/2003) • Vinci < Valid application • Vinci < Suspicion of infringement • Vinci <checking rights • Information without names and adresses • One sample from one kind of goods • Sample sent to the appointed specialist If there are small consignments Służba Celna RP • The information is passed by fax or letter

  12. Simplified procedure Right-holder Attaching written information on the owner’s of the goods notification Theright of thedeclarant, theholderortheowner of thegoods to stop theprocedurewithintheprescribed period

  13. Communication Customs officer Customs Coordinator Customs officer Customs Coordinator Customs officer • Vinci - Fixed forms

  14. Thank you!! Intellectual Property Unit Customs Policy Department Ministry of Finance Tel. (22) 694-53-38 Fax (22) 694-31-34 E-mail: Wojciech.Paczuski@mofnet.gov.pl

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