Thursday, September 8, 2011

EU Customs Detention in Intellectual Property Cases: Analysis of Latest Statistics

(Mondaq – Jeremy Morton, CMS Cameron McKenna)
 
The Taxation and Customs Union at the European Commission has recently published its statistics for 2010 of customs data relating to the enforcement of intellectual property rights (IPRs) across the EU.

The Customs Union takes a robust approach to tackling the problem of counterfeit goods and provides for Member States to implement enforcement measures via national customs authorities under the Counterfeit Goods Regulation (1383/2003).  Member States are also required to provide details of any detentions of goods made by customs involving infringements of IPRs under Regulation 1891/2004.  This submission of information enables the creation of the report and the breakdown of data shows interesting trends on an EU wide scale.

The report utilises the data gleaned from, among other things, the number of cases, the number of articles (i.e.  the total number of individual infringing goods), and the total domestic retail value of the goods, which is calculated on the basis of what the goods would be worth if they were genuine. Read more here