The customs enforcement of intellectual property rights in the EU is governed by Regulation (EU) No 608/2013, which provides that, where Customs Authorities suspect that goods under their supervision infringe intellectual property rights, they may suspend the release of or detain the goods whether at their own initiative or upon application.

Regulation (EU) 2020/1209, published on 21 August 2020, introduced some amendments to the forms to be used to submit an application requesting that Customs Authorities take action with respect to goods suspected of infringing an intellectual property right.

The application requesting that Customs Authorities take action and request for extension of the period during which the Authority are to take action in accordance with a previously granted application must be made by using the standard forms provided for in Regulation (EU) No 1352/2013. More specifically, this Regulation provides three Annexes, regarding respectively:

  • Application for action (Annex I);
  • Request for extension (Annex II);
  • Notes on completion of the two previous forms (Annex III).

Regulation (EU) 2020/1209 has replaced the two forms provided for by Annexes I and II and partially amended the notes on completion provided for by Annex III.

More specifically, the new Regulation takes into account the introduction of the EU Customs Trader Portal for the electronic submission of the forms, thus providing that the Economic Operators Registration and Identification (EORI) number is included in a mandatory field in the box for the applicant and the representative in the forms. The new Regulation also updates the references in the forms to the Data Protection provisions, following the entry into force of Regulations (EU) 2016/679 and (EU) 2018/1725. This new Regulation will enter into force on 10 September 2020 and it will apply from 15 September 2020.