# Commission Implementing Regulation (EU) No 1352/2013Show full title

Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation            (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights         

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U.K.

# Commission Implementing Regulation (EU) No 1352/2013                     

# of 4 December 2013

# establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning                        customs enforcement of intellectual property rights                     

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs                           enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003(1), and in particular Article 6(1) and Article 12(7) thereof,                        

After consulting the European Data Protection Supervisor,

Whereas:

(1)Regulation (EU) No 608/2013 sets out the conditions and procedures for action by the customs authorities where goods suspected                              of infringing an intellectual property right are, or should have been, subject to customs supervision or customs controls                              in accordance with Council Regulation (EEC) No 2913/92(2).

(2)In accordance with Regulation (EU) No 608/2013 persons and entities duly entitled may submit an application to the competent                              customs department requesting that customs authorities take action on those goods (application) and may also request the extension                              of the period during which the customs authorities are to take action in accordance with a previously granted application                              (extension request).

(3)In order to ensure uniform conditions for the application and for the extension request, standard forms should be established.

(4)Those standard forms should replace those provided for in Commission Regulation (EC) No 1891/2004(3) implementing Council Regulation (EC) No 1383/2003(4), which is to be repealed by Regulation (EU) No 608/2013.

(5)Regulation (EC) No 1891/2004 should therefore be repealed.

(6)Regulation (EU) No 608/2013 shall apply from 1 January 2014 and, therefore, this Regulation should also be applicable from                              the same date.

(7)The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, referred to                              in Article 34(1) of Regulation (EU) No 608/2013,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

1.The application requesting that customs authorities take action with respect to goods suspected of infringing an intellectual                        property right (application) referred to in Article 6 of Regulation (EU) No 608/2013 shall be made by using the form set out                        in Annex I to this Regulation.                  

2.The request for extension of the period during which the customs authorities are to take action (extension request) referred                        to in Article 12 of Regulation (EU) No 608/2013 shall be made by using the form set out in Annex II to this Regulation.                  

3.The forms set out in Annexes I and II shall be completed in accordance with the notes on completion set out in Annex III.                  

# Article 2U.K.

Without prejudice to Article 5(6) of Regulation (EU) No 608/2013, the forms set out in Annexes I and II to this Regulation                     may, where necessary, be completed legibly by hand.                  

Those forms shall contain no erasures, overwritten words or other alterations and shall be made up of two copies.

The handwritten forms shall be completed in ink and block capitals.

# Article 3U.K.

Regulation (EC) No 1891/2004 is repealed.

# Article 4U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

It shall apply from 1 January 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 December 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEX IU.K.

## ANNEX IIU.K.

## ANNEX IIIU.K.**NOTES ON COMPLETION**

### I.SPECIFICATIONS OF THE BOXES OF THE APPLICATION FOR ACTION FORM SET OUT IN ANNEX I TO BE FILLED IN BY THE APPLICANTU.K.

Fields in the form marked with an asterisk (*) are mandatory fields and shall be filled in.

Where in a box one or more fields are marked with a plus sign (+) at least one of those fields shall be filled in.

No data shall be entered in the boxes marked ‘for official use’.

#### Box 1:ApplicantU.K.

Details concerning the applicant shall be entered in this box. It shall contain information on the name and complete address                     of the applicant and his telephone, mobile telephone or fax number. The applicant may, where appropriate, enter his Taxpayer                     Identification Number, any other national registration number and his Economic Operator Registration and Identification Number                     (EORI-No), which is a number, unique throughout the Union, assigned by a customs authority in a Member State to economic operators                     involved in customs activities. The applicant may also enter, where appropriate, his e-mail address and his website address.                  

#### Box 2:Union/National applicationU.K.

The appropriate box shall be ticked to indicate whether the application is a National or a Union application, as referred                     to in points (10) and (11) of Article 2 of Regulation (EU) No 608/2013.                  

#### Box 3:Status of the applicantU.K.

The appropriate box shall be ticked to indicate the status of the applicant within the meaning of Article 3 of Regulation                     (EU) No 608/2013. The application shall include documents providing evidence to satisfy the competent customs department that                     the applicant is entitled to submit an application.                  

#### Box 4:Representative submitting the application in the name of the applicantU.K.

Where the application is submitted by the applicant by means of a representative, details concerning that representative shall                     be entered in this box. The application shall include evidence of his powers to act as a representative in accordance with                     the legislation of the Member State in which the application is submitted and the corresponding box shall be ticked.                  

#### Box 5:Type of right to which the application refersU.K.

The type(s) of the intellectual property rights (IPR) to be enforced shall be indicated by ticking the appropriate box.

#### Box 6:Member State or, in the case of a Union application, Member States in which customs action is requestedU.K.

The Member State or, in the case of a Union application, Member States in which customs action is requested shall be indicated                     by ticking the appropriate box.                  

#### Box 7:Representative for legal mattersU.K.

The details of the representative designated by the applicant to take charge of legal matters shall be indicated in this box.

#### Box 8:Representative for technical mattersU.K.

In case the representative for technical matters is different from the representative indicated in box 7, the details of the                     representative for technical matters shall be indicated in this box.                  

#### Box 9:Details of the designated representatives for legal and technical matters in case of a Union applicationU.K.

In case of a Union application, the details of the representative or representatives designated by the applicant to take charge                     of technical and legal matters in the Member States indicated in box 6 shall be provided in a separate annex which shall contain                     the elements of information requested in boxes 7 and 8. In case a representative has been designated for more than one Member                     State, it shall be clearly indicated for which Member States he has been designated.                  

#### Box 10:Small consignment procedureU.K.

Where the applicant wishes to request the use of the procedure for destruction of goods in small consignments set out in Article                     26 of Regulation (EU) No 608/2013, this box shall be ticked.                  

#### Box 11:List of rights to which the application refersU.K.

Information on the right or rights to be enforced shall be entered in this box.

In the column ‘No’, sequential numbers shall be entered for each of the intellectual property rights to which the application                     refers.                  

In the column ‘Type of right’, the type of IPR shall be indicated by using the appropriate abbreviations which appear in box                     5 in brackets.                  

In the column ‘list of goods to which the right refers’, the type of goods which are covered by the relevant IPR and with                     regard to which the applicant wishes to request customs enforcement shall be entered.                  

#### Sub-box ‘Restricted handling’ in boxes 12-28U.K.

Where the applicant wishes to request that information provided by him in boxes 12-28 be the subject of restricted handling                     within the meaning of Article 31(5) of Regulation (EU) No 608/2013, this sub-box shall be ticked.                  

#### **Page 2:****Information on authentic goods in boxes 12-19**U.K.

The applicant shall enter in boxes 12-19, as appropriate, specific and technical data on the authentic goods, information                     needed to enable the customs authorities to readily identify goods suspected of infringing IPR and information relevant to                     the customs authorities’ analysis and assessment of the risk of infringement of the IPR(s) concerned.                  

##### Box 12:Goods detailsU.K.

Box 12 shall contain a description of the authentic goods, including get-up and graphic symbols, their Combined Nomenclature                     code and their value in the EU internal market. The applicant, where appropriate, shall provide images of those goods. The                     information shall be arranged per different type of goods or different assortment of goods.                  

##### Box 13:Goods distinctive featuresU.K.

Box 13 shall contain information on the typical features of the authentic goods, such as markings, labels, security threads,                     holograms, buttons, hangtags and bar-coding, indicating the exact position of the features on the goods and their appearance.                  

##### Box 14:Place of productionU.K.

Box 14 shall contain information on the place of production of the authentic goods.

##### Box 15:Involved companiesU.K.

Box 15 shall contain information on authorised importers, suppliers, manufacturers, carriers, consignees or exporters. The                     information shall be arranged per different type of goods.                  

##### Box 16:TradersU.K.

Box 16 shall contain information on persons or entities authorised to trade in products involving the use of the IPR(s) for                     which enforcement is sought. The information shall refer to name, address and registration numbers, such as EORI number, of                     those persons or entities. Likewise, the information shall comprise information on how licensees may demonstrate their authorisation                     to use the IPR(s) in question.                  

##### Box 17:Goods clearance details and distribution informationU.K.

Box 17 shall contain information on channels of distribution of the authentic goods, such as information related to central                     warehouses, dispatch departments, means of transport, transport routes and delivery, and on customs procedures and offices                     where the clearance of the authentic goods is carried out.                  

##### Box 18:PackagesU.K.

This box shall contain information on the packaging of the authentic goods, such as information on the following:

the kind of packages, indicated by using the relevant codes as given in Annex 38 to Commission Regulation (EEC) No 2454/93(5);                           

typical features of the packages (for instance, markings, labels, security threads, holograms, buttons, hangtags and bar-coding),                              including the exact position of the features in the package;                           

special package designs (colour, shape);

where appropriate, images of those goods.

##### Box 19:Accompanying documentsU.K.

Box 19 shall contain information on documents accompanying the authentic goods, such as brochures, operating instructions,                     warranty documents or other similar items.                  

#### **Page 3:****Information on infringing goods in boxes 20-27**U.K.

The applicant shall enter in boxes 20-27, as appropriate, information relevant to the customs authorities’ analysis and assessment                     of the risk of infringement of the IPR(s) concerned.                  

##### Box 20:Goods detailsU.K.

Box 20 shall contain a description of goods suspected of infringing an intellectual property right (infringing goods), including                     get-up and graphic symbols. The applicant, where appropriate, shall provide images of those goods. The information shall be                     arranged per different type of goods or different assortment of goods.                  

##### Box 21:Goods distinctive featuresU.K.

Box 21 shall contain information on the typical features of the suspected infringing goods, such as markings, labels, security                     threads, holograms, buttons, hangtags and bar-coding, indicating the exact position of the features on the goods and their                     appearance.                  

##### Box 22:Place of productionU.K.

Box 22 shall contain information on the known or suspected place of origin, provenance and delivery of the infringing goods.

##### Box 23:Involved companiesU.K.

Box 23 shall contain information on importers, suppliers, manufacturers, carriers, consignees or exporters who are suspected                     of being involved in infringements of the relevant intellectual property rights.                  

##### Box 24:TradersU.K.

Box 24 shall contain information on persons or entities not authorised to trade in products involving the use of the IPR(s)                     for which enforcement is sought and who have been trading the products in the Union in the past.                  

##### Box 25:Goods distribution informationU.K.

Box 25 shall contain information on channels of distribution of the infringing goods, such as information related to warehouses,                     dispatch departments, means of transport, transport routes and places of delivery, and on customs procedures and offices where                     the clearance of the infringing goods is carried out.                  

##### Box 26:PackagesU.K.

This box shall contain information on the packaging of the suspected infringing goods, such as information on the following:

the kind of packages, indicated by using the relevant codes as given in Annex 38 to Regulation (EEC) No 2454/93;

typical features of the packages (for instance, markings, labels, holograms, buttons, hangtags and bar-coding), including                              the exact position of the features in the package;                           

special package designs (colour, shape);

where appropriate, images of those goods.

##### Box 27:Accompanying documentsU.K.

Box 27 shall contain information on documents accompanying the suspected infringing goods, such as brochures, operating instructions,                     warranty documents or other similar items.                  

##### Box 28:Additional informationU.K.

The applicant may provide in box 28 any additional information relevant to the customs authorities’ analysis and assessment                     of the risk of infringement of the IPR(s) concerned such as specific information concerning planned deliveries of suspected                     infringing goods, including specific and detailed information on means of transport, containers and persons involved.                  

##### Box 29:UndertakingsU.K.

Do not amend the wording, or enter data in this box.

##### Box 30:SignatureU.K.

In box 30, the applicant or the representative of the applicant indicated in box 4 shall enter the place and date of completion                     of the application and shall sign. The signatory’s name shall be given in block capitals.                  

### II.SPECIFICATIONS OF THE BOXES OF THE REQUEST FOR EXTENSION FORM SET OUT IN ANNEX II TO BE FILLED IN BY THE HOLDER OF THE DECISIONU.K.

Fields in the form marked with an asterisk (*) are mandatory fields and shall be filled in.

In boxes where fields are marked with a plus (+) at least one of these fields shall be filled in.

Do not enter data in the boxes marked ‘for official use’.

#### Box 1:Details concerning the holder of the decisionU.K.

Details concerning the holder of the decision shall be entered in this box.

#### Box 2:Extension requestU.K.

The application registration number including the first two digits representing the iso/alpha-2 code of the Member State that                     granted the application shall be entered in this box. The holder of the decision shall indicate whether he is requesting modifications                     to the information contained in the application by ticking the appropriate box.                  

#### Box 3:SignatureU.K.

In box 3, the holder of the decision or the representative of the holder of the decision shall enter the place and date of                     completion of the request and shall sign. The signatory’s name shall be given in block capitals.                  

1

OJ L 181, 29.6.2013, p. 15.                           

2

Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1.).                           

3

Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation                              (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and                              the measures to be taken against goods found to have infringed such rights (OJ L 328, 30.10.2004, p. 16.).                           

4

Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain                              intellectual property rights and the measures to be taken against goods found to have infringed such rights (OJ L 196, 2.8.2003, p. 7).                           

5

Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation                              (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).