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Custom Recordal of IPRs in Austria


Custom Recordal of IPRs
The EU Customs Regulation, its implementing regulation, and the Product Piracy Act govern border seizures in Austria.
Custom Recordal of IPRs is effective both on the import and export of goods.
The customs officials act on the information given to them, which enables identification and possible detention of goods. They have the power to destroy the said consignment carrying infringing goods after further confirmation by the parties.
Generally, the rights holders must file a motion with the Customs requesting it to inspect the suspected goods to determine whether they are counterfeit and to seize them if they are.
The documents to be submitted are as follows:
  • Evidence of ownership; and
  • Additional information on identifying features and distribution channels to help identify the counterfeit goods.
There is no fixed timeframe.
Yes, it is centralized.
A border seizure order is valid for 01 year and can be repeatedly renewed for the same term. The Customs will also act on the basis of an EU border seizure order.
The customs authority suspends the clearance of imported goods upon suspecting that the goods may be infringing in nature.
The costs of destruction are borne by the rights holder, although he or she may later seek to recover them from the counterfeiter.
10 days (or 3 days, if the goods are perishable).
10 days. It may be further extended to 10 working days.
In the event of a customs seizure, the rights holder and the consignee or declarant of the shipment will be notified. The rights holder may request the names and addresses of the consignor and consignee, as well as data regarding the origin and provenance of the goods. If the declarant or holder of the goods and the rights holder both agree, the detained counterfeits may be destroyed promptly (at the expense of the rights holder). Otherwise, within 10 working days of notification (which can be extended for an additional 10 working days), the rights holder must initiate a legal action, either civil or criminal, to prevent the detained goods from being released. For perishable goods, any action must be filed within 03 working days.
Yes. Failure to join such proceedings will lead to suspension of detention of goods.
Any documents as may be requisitioned by the court shall be provided for by the said party to the suit.
The possible remedies awarded by the court include the destruction of goods under the supervision of the Customs. For keeping the administrative efforts and costs low, the new EU Customs Regulation has introduced a special procedure for the destruction of goods in small consignments, which allows for early destruction of the contents of postal or courier shipments of less than 02 kilograms or not more than 03 units, even without the consent of the rights holder.
With the rights holder’s consent, the goods can also be made available to charitable institutions.
Finally, importing or exporting counterfeits may constitute a tax offence, with a penalty of up to €4,000 (€15,000 in the event of wilful commission), as well as forfeiture of the counterfeits.