Customs Law Versus Infringements of Intellectual Property Rights

• Authors: Doliński, Jakub

Abstracts

EN

In the Digital age, when the main focus of the society is on the issue of transferring pieces of works by electronic meansand at the same time infringing intellectual property rights (IPR), it is worth to remember how important role the customs law playsfor the import of material carriers. Customs services are authorized to detain goods suspected of infringing intellectual propertyrights which are covered on the basis of issued decisions as well as ex officio in the situation when the application has not beensubmitted by the right holder and a serious suspicion of goods infringing intellectual property rights exists. The priority in this caseis fighting against counterfeit and pirated goods. The discussed issue is governed by the provisions of national and European customslaw. The recent EU regulation on the enforcement of intellectual property rights by customs services extend the range of possibilitiesgiven in the procedures concerning destruction of goods infringing intellectual property rights. The main problem with this issueis to find balance between reasonable enforcement of these procedures and excessive use of control procedures that may affectinterests of entrepreneurs e.g. the continued detention of goods intended for export. The following paper is an attempt to bring upthe most important issues connected with this rather rarely discussed subject. The article concerns the provisions of Customs Law,Copyright Law and derivative rights as well Industrial Property Rights. The issue of customs law with respect to intellectual propertyrights is still too rarely discussed by the lawyers and it should be taken into consideration especially due to the dynamic changestaking place in the cross‑bordertrade policies of the EU and its eastern neighbours.

Keywords

EN

customs duty; Intellectual Property

• Publisher: Wyższa Szkoła Policji w Szczytnie
• Journal: Internal Security
• Year: 2014
• Volume: 6(1)
• Pages: 23-32

Contributors

author

Doliński, Jakub

Identifiers

DOI

10.5604/20805268.1122405