BASCAP

Goods in transit

BASCAP submitted views on the issue of suspected counterfeit goods in transit under the revised EU Regulation on customs enforcement of intellectual property rights arguing that suspected counterfeit goods in transit must be covered effectively. Under the current revision of the Community Trade Mark Regulation (CTMR) and Trade Mark Directive (TMD), BASCAP continues to advocate a strong legal framework for more effective enforcement against counterfeit goods in transit.

BASCAP is concerned that the lack of a solid legal basis for IPR enforcement in transit cases under the EU enforcement regime has important repercussions for the fight against serious crime internationally and serious implications for public health, safety and public security. BASCAP believes that only infringers and organized crime can benefit from any loophole that allows counterfeiting goods in transit to pass through EU borders and customs controls into a third country, unchallenged.

EU Regulation on customs enforcement of IPR

Under the revised EU Regulation on customs enforcement of intellectual property rights, BASCAP repeatedly urged the European Commission, the European Parliament and the Council of the European Union to consider the BASCAP proposed amendments aimed at giving Customs better tools to stop and destroy counterfeit goods in transit. BASCAP strongly supported increased detention and enforcement against suspected counterfeiting goods in transit through the EU Members states whether the goods are bound to a destination within or outside the EU. In addition, BASCAP advocated the "reversal of burden of proof", so that it should be for the declarant or holder of the goods placed under a customs procedure to prove final destination of the goods.

Community Trade Mark Regulation and Trade Mark Directive

In view of the current revision of the Community Trade Mark Regulation 207/2009 and the Trade Mark Directive 2008/95/CE, BASCAP continues to advocate the need to create the necessary legal framework to enable customs to take effective enforcement action against counterfeit goods in transit. BASCAP along with AIM, ECTA, INTA and MARQUES sent a letter to Michel Barnier, European Commissioner for the Internal Market and Services, urging the European Commission to support the inclusion of counterfeit goods in transit as an act of trademark infringement, notwithstanding their origin or final destination. As a result, the published Commission's proposal is a step in the right direction but it can be further improved to address conclusively all aspects of counterfeit goods in transit. As the proposed legislation moves through the approved process, BASCAP will be calling on the European Parliament and the Council of the European Union to improve the goods in transit provisions of the European Trade Mark legislation.

ICC official letters & position papers

Official documents on EU Regulation on customs enforcement of intellectual property rights

Official documents on Community Trade Mark Regulation (CMTR) and Trademark Directive (TMD)

BASCAP in the news

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