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Custom Recordal of IPRs in Ireland

Ireland

Custom Recordal of IPRs
Yes
No, except in the case of the ex-officio procedure outlined in Section 4, customs enforcement of an IPR may be carried out only where an application for action (AFA), requesting that action be taken with respect to goods suspected of infringing the IPR, has been granted to the person holding the IPR.
Yes
The regulation (EU) 608/2013 and the European Union (Customs Enforcement of Intellectual Property Rights) Regulations 2013 (S.I. No. 562 of 2013) - form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Ireland.
Custom Recordal of IPRs is effective both on the import and export of goods.
The national customs authority can seize these goods at the point of entry into the country; therefore, it is their responsibility to keep a constant watch.
An application form, known as Application for Action (AFA), must be sent to the Revenue Commissioners by the rights holder with the proof of his or her right to apply.
The proof that must be supplied depends on the status of the applicant. The customs authority will require the proof of ownership of the intellectual property right, and if applicable, the evidence of the authorization from the rights holder.
No
The decision must be made within 30 days from date of acceptance of the application.
It is centralized once the recordal is made to the Revenue Commissioner.
Yes
There is no fee for filing an application with a national customs authority.
Each application, when granted, remains valid for 12 months and it may be renewed annually.
Yes
In the scenario where there is a suspected consignment of infringing goods, the goods may be detained and suspended for commercial access until their true nature is identified.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods; however, Article 29 of the European Regulation allows for the recovery of costs, including costs of destruction, from decision holders.
Yes
Yes
Yes
10 days (03 days when goods are of perishable nature)
Yes
10 days (03 days when goods are of perishable nature); with a further extension of 10 days may be awarded after filing for a request for extension.
Yes
A comprehensive guarantee has to be produced. The purpose of the guarantee is to secure duties suspended on goods imported under an IP authorization. The guarantee may take the form of either a cash deposit or a guarantee of undertaking from surety provider application for IP so that the revenue assessment can be carried out simultaneously.
In the calculation of the guarantee reference amount for an authorization covering Ireland only, the amount may be calculated on the import duty liability only. However, if there is more than one Member State involved, all import charges must be included (for instance, VAT). An example of both methods is set down below:
List of Key Data Elements required for the calculation:
  • Total value of goods to be placed under the IP procedure during the lifespan of the authorization;
  • Average duty rate or possibly actual duty rate;
  • Period of discharge; and
  • The maximum value of goods. which may be under IP at a given point in time.
Once the goods suspected of infringing an intellectual property right are seized by a customs authority, they will be stored in a warehouse pending determination as to whether or not the intellectual property rights have been infringed. If it is established that the goods do infringe an intellectual property right, they will not be exported, re-exported, or released for free circulation.
The IPR owner has the right to agree to the destruction of the infringing goods provided the importer does not object to the destruction. The IPR owner has the alternative right to not agree to such destruction of the detained goods, but instead, initiate legal proceedings to determine whether or not such right has been infringed.
No
Yes
The possible remedies awarded by the court include the destruction of goods.
No