The protection of intellectual property rights
at Italian and European Community customs offices is certainly the
most effective way of combating counterfeiting, both because it
is stops counterfeiting at the root by preventing counterfeit goods
even entering Italy and/or the European Community and because the
aforementioned mechanism works extremely well in this Country.
To this effect, EC Regulation no. 1983/2003 dated July 22, 2003
expressly provides for the intervention of customs authorities vis-à-vis
goods suspected of infringing industrial property rights and lists
the measures to be adopted against goods infringing such rights.
The intervention of customs authorities
In the event that, after a control has been carried out, there
are sufficient grounds for suspecting that goods infringe an industrial
property right, the Italian customs may suspend clearance or proceed
to block such goods, giving the holder notice of the contested
distinctive signs. The latter, within 3 days of notice having
been given by customs, may file an application for the customs
authorities to intervene.
Such power to suspend or block goods becomes, for the customs
authorities, an obligation in the event that the holder of the
rights in question has previously submitted an application for
action with the customs authorities. In this case, the right holder
may, within 10 days (which may be extended for a further term
of 10 days) from the customs notice having been given, commence
legal proceedings before the competent authorities.
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