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Custom Recordal of IPRs in Netherlands


Custom Recordal of IPRs
Yes, the four-day period gives the rights holder time to submit an application for action against counterfeit goods (as set out in Article 5 of the EU Customs Regulation).
The (EU) 608/2013 forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Netherlands.
Custom Recordal of IPRs is effective both on the import and export of goods.
The Customs may take action against counterfeiting either ex officio or upon an application by the rights holder.
Under the EU Customs Regulation, a rights holder may apply for action by the customs authorities in any EU member state against suspected counterfeited or pirated goods. The application form is defined in and attached to the EU Customs Implementing Regulation.
In the Netherlands, applications are submitted to and processed by Douane Noord, based in Groningen.
Subject to the application for action being rejected, the rights holders must provide the Customs authority (on filing the application for action) with information that will enable it to distinguish genuine goods from counterfeit and/or pirated goods. This information can relate to the original goods, such as their method of storage, packaging and/or transport, or to previously intercepted counterfeit goods. The Customs is known to carefully store all intelligence provided and to make it available at all relevant entry points, such as Amsterdam’s Schiphol airport and Rotterdam port.
The competent customs department shall notify the applicant of its decision granting or rejecting the application within 30 working days of the receipt of the application. In the event of rejection, the competent customs department shall provide reasons for its decision and include information on the appeal procedure.
Yes, the process is centralized.
The applicant shall not be charged a fee to cover the administrative costs resulting from the processing of the application.
At the time of granting an application, the competent customs department shall specify the period during which the customs authorities are to take action.That period shall begin on the day the decision granting the application takes effect, and shall not exceed 01 year from the day following the date of adoption.
The extended period during which the customs authorities are to take action shall run from the day following the date of expiry of the previous period and shall not exceed 01 year.
Where the customs authorities identify goods suspected of infringing an intellectual property right covered by a decision granting an application, they shall suspend the release of the goods or detain them (Article 17).
The holder of the decision shall be liable towards any holder of the goods or declarant, who has suffered damage in that regard. The holder of the decision shall reimburse the costs incurred by the customs authorities or other parties acting on behalf of customs authorities.
10 days (03 days if the goods are perishable)
It is not required in the case of summary procedures and where both the parties have agreed that the nature of the goods is infringing.
Before suspending the release of or detaining the goods, the customs authorities may ask the holder of the decision to provide them with any relevant information concerning the goods. The customs authorities may also provide the holder of the decision with information about the actual or estimated quantity of goods, their actual or presumed nature and images thereof, as appropriate.
The customs authorities shall notify the declarant or the holder of the goods of the suspension of the release of the goods or the detention of the goods within 01 working day of that suspension or detention. Where the customs authorities opt to notify the holder of the goods and two or more persons are considered to be the holder of the goods, the customs authorities shall not be obliged to notify more than one of those persons. The customs authorities may take samples that are representative of the goods.
If the importer does not respond to the request or objects to the destruction, the consignment will be released. In such circumstances it is necessary that the trademark owner brings civil proceedings within 10 days.
It may not be needed if both parties, i.e., the infringer (importer) and the right-holder agree that the goods are infringing in nature.
Other documents as may be demanded by the court may be needed.
The possible remedies awarded by the court include the destruction of goods or release of goods.