As of 1 January 2014, the new regulation concerning customs enforcement of intellectual property rights (608/2013) (the “New Regulation”) applies repealing the Counterfeit Goods Regulation (1383/2003/EC).

In October last year, as part of our analysis of EU customs detention statistics, we reported on the key changes which the New Regulation introduces (please click here).

In brief, the New Regulation provides customs authorities with extended powers to detain counterfeit or pirated goods at EU borders. Some of the key changes include an extension of the range of intellectual property rights which are afforded protection, the introduction of new rules concerning small consignments and making the simplified procedure for the detention and destruction of goods compulsory for all Member States.

Rightsholders would be advised to consider filing a new Application for Action, notwithstanding the fact that their existing Application may not have expired. This would enable rightsholders to take advantage of the new small consignments provisions and the extended protection for various types of intellectual property right.