EU Updates Customs Action Plan To Fight Growing IPR Infringements

Concerned by the ever-increasing influx of counterfeit and pirated goods into Europe, European Union member states on 9 October backed a new customs action plan for 2018-2022. The first step will be a roadmap for implementation from the European Commission (EC) by next spring.

The Council of member states’ action plan is available here. As it is Council conclusions, it does not need approval by the European Parliament, a press officer said.

Given the risks posed by bogus goods to consumer health and safety, corporate reputations and the economy, governments said, there should be high-level protection of the EU internal market “by means of modern and harmonised approaches to customs controls and of customs cooperation.” Once infringing items have entered the single market, they are more difficult to intercept, so coordination and planning customs activities to combat piracy related to cross-border trade “is paramount,” the Council said.

The EU’s 2013-2017 action plan focused on implementing and monitoring new EU legislation on customs enforcement of intellectual property rights (IPR); tackling major trends in trade of IPR-infringing goods; combatting the trade of such goods throughout the international supply chain; and boosting cooperation with the European Observatory, part of the EU Intellectual Property Office, and with law enforcement agencies, the Council said.

Despite these activities, the trafficking of IPR infringing goods remains “a widespread and ever increasing phenomenon.”

The impact of bogus goods is particularly high in the EU, with counterfeit and pirated products amounting to up to 5 percent of imports, or around 85 billion euros, the conclusions said. More than 41 million articles were detained in 2016, with an estimated value of equivalent genuine products of around 672 million euros, they said.

The new plan retains some core elements of previous ones but experience showed the need for “some adjustment,” the Council said. It called for efforts to be undertaken to be clearly defined and linked to indicators so results can be measured. In addition, governments want stronger ties with the European Observatory, European Anti-Fraud Office and enforcement bodies other than customs.

Specific objectives include engaging right-holders and stakeholders; developing tailor-made approaches for e-commerce enforcement, such as blockchains; and boosting cooperation with key source, transit and destination countries, such as China.

 

Image Credits: EU