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Language: en
Format: md

02013R1352 — EN — 01.01.2021 — 003.001 — 1

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**►B** **[COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2013](http://data.europa.eu/eli/reg_impl/2013/1352/oj/eng)**

**[of 4 December 2013](http://data.europa.eu/eli/reg_impl/2013/1352/oj/eng)**

**[establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament](http://data.europa.eu/eli/reg_impl/2013/1352/oj/eng)**
**[and of the Council concerning customs enforcement of intellectual property rights](http://data.europa.eu/eli/reg_impl/2013/1352/oj/eng)**

[(OJ L 341, 18.12.2013, p. 10)](http://data.europa.eu/eli/reg_impl/2013/1352/oj/eng)

Amended by:

Official Journal

No page date

[►](http://data.europa.eu/eli/reg_impl/2018/582/oj/eng) **[M1](http://data.europa.eu/eli/reg_impl/2018/582/oj/eng)** [Commission Implementing Regulation (EU) 2018/582 of 12 April 2018](http://data.europa.eu/eli/reg_impl/2018/582/oj/eng) [L 98](http://data.europa.eu/eli/reg_impl/2018/582/oj/eng) [4](http://data.europa.eu/eli/reg_impl/2018/582/oj/eng) [18.4.2018](http://data.europa.eu/eli/reg_impl/2018/582/oj/eng)

[►](http://data.europa.eu/eli/reg_impl/2020/1209/oj/eng) **[M2](http://data.europa.eu/eli/reg_impl/2020/1209/oj/eng)** [Commission Implementing Regulation (EU) 2020/1209 of 13 August](http://data.europa.eu/eli/reg_impl/2020/1209/oj/eng) [L 274](http://data.europa.eu/eli/reg_impl/2020/1209/oj/eng) [3](http://data.europa.eu/eli/reg_impl/2020/1209/oj/eng) [21.8.2020](http://data.europa.eu/eli/reg_impl/2020/1209/oj/eng)
[2020](http://data.europa.eu/eli/reg_impl/2020/1209/oj/eng)

[►](http://data.europa.eu/eli/reg_impl/2020/2035/oj/eng) **[M3](http://data.europa.eu/eli/reg_impl/2020/2035/oj/eng)** [Commission Implementing Regulation (EU) 2020/2035 of 7 December](http://data.europa.eu/eli/reg_impl/2020/2035/oj/eng) [L 416](http://data.europa.eu/eli/reg_impl/2020/2035/oj/eng) [11](http://data.europa.eu/eli/reg_impl/2020/2035/oj/eng) [11.12.2020](http://data.europa.eu/eli/reg_impl/2020/2035/oj/eng)
[2020](http://data.europa.eu/eli/reg_impl/2020/2035/oj/eng)

**▼B**

02013R1352 — EN — 01.01.2021 — 003.001 — 2

**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**

_Article 1_

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 2_

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 alter­
ations and shall be made up of two copies.

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

_Article 3_

Regulation (EC) No 1891/2004 is repealed.

_Article 4_

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.

**▼M3**

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_ANNEX I_

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**▼M2**

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_ANNEX II_

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**▼M2**

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**▼B**

_ANNEX III_

**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

APPLICANT

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: Applicant

**▼M2**

Details concerning the applicant shall be entered in this box. It shall
contain information on the name and complete address of the applicant,
his or her 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 the applicant, his or her
telephone, mobile telephone or fax number and his or her email
address. The applicant may also enter, where appropriate, his
Taxpayer Identification Number, any other national registration
number and the address of his or her website.

**▼B**
Box 2: Union/National application

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.

**▼M1**
Where the application is submitted after the release of the goods was
suspended or the goods were detained in accordance with Article 18 of
Regulation (EU) No 608/2013, the box ‘National application (cf.
Article 5(3))’ shall be ticked.

**▼B**
Box 3: Status of the applicant

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 applicant

**▼M2**

Where the application is submitted by the applicant by means of a
representative, details concerning that representative shall be entered
in this box. Those details shall contain information on the name and
complete address of the representative, his or her 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 the representative, his or her telephone, mobile
telephone or fax number and his or her email address. The representa­
tive may also enter, where appropriate, the name of the company where
he or she works and the address of the company’s website. The appli­
cation shall include evidence of his or her power to act as a represen­
tative in accordance with the legislation of the Member State where the
application is submitted and the corresponding box shall be ticked.

02013R1352 — EN — 01.01.2021 — 003.001 — 18

**▼B**

Box 5: Type of right to which the application refers

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 requested

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.

**▼M3**

In case Northern Ireland (XI) is indicated, the application shall be a
Union application and can only be granted for protection of any of the
following intellectual property rights which are protected in Northern
Ireland by virtue of the IE/NI Protocol:

(a) geographical indications or designations of origin protected for
agricultural products and foodstuff as provided for in Regulation
(EU) No 1151/2012 of the European Parliament and of the Coun­
cil ( [1] );

(b) geographical indications of spirit drinks as provided for in Regu­
lation (EU) 2019/787 of the European Parliament and of the Coun­
cil ( [2] );

(c) geographical designations for aromatised products as provided for
in Regulation (EU) No 251/2014 of the European Parliament and
of the Council ( [3] );

(d) designations of origin or geographical indications for wine as
provided for in Sections 2 and 3 of Chapter I of Title II of Part
II of Regulation (EU) No 1308/2013 of the European Parliament
and of the Council ( [4] ).

**▼B**

Box 7: Representative for legal matters

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 matters

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.

( [1] ) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of
21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343,
14.12.2012, p. 1).
( [2] ) Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April
2019 on the definition, description, presentation and labelling of spirit drinks, the use of
the names of spirit drinks in the presentation and labelling of other foodstuffs, the
protection of geographical indications for spirit drinks, the use of ethyl alcohol and
distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC)
No 110/2008 (OJ L 130, 17.5.2019, p. 1).
( [3] ) Regulation (EU) No 251/2014 of the European Parliament and of the Council of
26 February 2014 on the definition, description, presentation, labelling and the protection
of geographical indications of aromatised wine products, and repealing Council Regu­
lation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).
( [4] ) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of
17 December 2013 establishing a common organisation of the markets in agricultural
products, and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC)
No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

**▼B**

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Box 9: Details of the designated representatives for legal and technical matters
in case of a Union application

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 procedure

**▼M1**
Where the applicant wishes to request the use of the procedure for
destruction of goods in the small consignment set out in Article 26
of Regulation (EU) No 608/2013, he shall tick the appropriate box of
the Member State, or Member States in case of a Union application, in
which he wishes to have the procedure applied.

**▼B**

Box 11: List of rights to which the application refers

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 12-28

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**

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 details

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.

**▼B**

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Box 13: Goods distinctive features

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 production

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

Box 15: Involved companies

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: Traders

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 information

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: Packages

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

(a) the kind of packages, indicated by using the relevant codes as
given in Annex 38 to Commission Regulation (EEC) No
2454/93 ( [1] );

(b) 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;

(c) special package designs (colour, shape);

(d) where appropriate, images of those goods.

Box 19: Accompanying documents

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

( [1] ) 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).

**▼B**

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**Page 3: Information on infringing goods in boxes 20-27**

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 details

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 features

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 production

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

Box 23: Involved companies

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

Box 24: Traders

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

Box 25: Goods distribution information

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: Packages

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

**▼B**

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

(b) 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;

(c) special package designs (colour, shape);

(d) where appropriate, images of those goods.

Box 27: Accompanying documents

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 information

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: Undertakings

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

Box 30: Signature

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.

**▼M2**

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 DECISION

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 decision

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

Box 2: Representative of the holder of the decision

**▼M2**

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Where the request is submitted by the holder of the decision by means of a
representative, details concerning that representative shall be entered in this box.
Those details shall contain information on the name and complete address of the
representative, his or her 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 the representative, his
or her telephone, mobile telephone or fax number and his or her email address.
The representative may also enter, where appropriate, the name of the company
where he or she works and the address of the company’s website. If not
submitted with the initial application, the request shall include evidence of his
or her power to act as a representative in accordance with the legislation of the
Member State where the initial decision was adopted and the corresponding box
shall be ticked.

Box 3: Extension request

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

Box 4: Signature

In box 4, 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.