On 3 July 2012 the European Parliament adopted its position on a draft Regulation which proposes increasing the existing powers of customs officials in relation to suspected counterfeit goods (currently set out in Customs Regulation 1383/2003). 

The Parliament reviewed the draft Regulation and suggested substantial amendments in its first reading position.

The European Commission’s original proposal, on which the draft Regulation is based, did not define “small consignments”. The Parliament proposed that they be defined as packages containing at most three suspected items together weighing less than two kilogrammes and contained in one package. The Parliament further proposed that on discovering such a package, customs be permitted to contact the intended recipient. That person would then have five days in which to object to the destruction of the items and, if the items were bought in good faith he or she would not have to pay for their destruction.

In addition to the increased powers against counterfeit goods, customs officials would also be in a position to detain and possibly destroy goods which have been parallel-traded. Parallel-traded goods are goods which, although they are genuine, are imported into the EU from another area without the permission of the IP owner. This provision will be of great benefit to rights holders.

The Proposal will now go before the Council of the European Union for its first reading.

Contributed by Brian McElligott.