Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91996E2067

**WRITTEN QUESTION No. 2067/96 by Fernand HERMAN to the Commission. Counterfeit goods** 
  
*Official Journal C 011 , 13/01/1997 P. 0041*

  

WRITTEN QUESTION E-2067/96 by Fernand Herman (PPE) to the Commission (26 July 1996)

Subject: Counterfeit goods

Have all Member States designated the services competent to receive and deal with applications to the customs authorities pursuant to Article 3(8) of 'counterfeit goods' Regulation 3295/94 ((OJ L 341, 30.12.1994, p. 8. )) of 22 December 1994?

What are the names and addresses of those services?

The Belgian customs authorities for instance tell holders of rights that there is no possibility of appeal when counterfeit goods are seized.

Has the Commission abandoned its duty to ensure that the Member States properly apply Union regulations?

Answer given by Mr Monti on behalf of the Commission (11 October 1996)

Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit or pirated goods and the associated Commission implementing regulation (Regulation (EC) No 1367/95 ((OJ L 133, 17 June 1995. ))) have been in force since 1 July 1995.

In accordance with Article 3(8) of the basic regulation and Article 5(1) of the implementing regulation, the Member States have sent the Commission the names and addresses of the departments to which owners of the relevant intellectual property rights or their representatives should apply for action to be taken. We are forwarding the list to the Honourable Member and to Parliament's Secretariat direct.

As regards the problems with Belgian customs referred to by the Honourable Member. the Commission will enquire into the circumstances and if necessary initiate proceedings under Article 169 of the EC Treaty. As far as it is aware, however, holders of intellectual property rights are entitled to appeal to the Belgian courts against a refusal of customs to take action. The courts are competent to hear actions against any breach of intellectual property rights.

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