ARTICLE “Customs and the Fight Against Counterfeiting” – April 11, 2015 – Customs and Tax Regulations Observatory – Altaprisma
"Customs and the Fight Against Counterfeiting ” - April 11 , 2015 - Observatory of Customs and Tax Regulations – Altaprisma
Is the customs detention automatically lifted if the intellectual property rights holder does not file a lawsuit within 10 days of the provisional detention of the allegedly infringing goods? Yes, according to the law; no, according to the judge!
Gaspard de BELLESCIZE discussed the complex relationship between the “autonomous authority” that Customs is said to have in determining whether goods—even those placed under customs detention—are counterfeit, and the procedures for the detention/seizure of counterfeit goods provided for in Regulation (EU) No. 608/2013 of June 12, 2013, or codified in the Intellectual Property Code, particularly in Article L.716-8. Customs authorities could step in to address the rights holder’s failure to act.