Czech Republic Introduces New Customs Regulations

As of January 1, 2015, the Czech Republic introduced a new set of rules regulating customs measures intended to combat counterfeiting on the internal market. The new regulations are in line with the external border measures regulated by Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013. The new Czech regulations have introduced forms and requirements for applications for action similar to those in the EU Regulation No. 608/2013, including detailed information on genuine goods (as with Article 6(3)(g)(h)(i) of the EU Regulation No. 608/2013).

For the Czech Customs to be able to detain any suspected counterfeits within the country’s borders, trademark holders should file a separate application for the intra-border customs watch. Once such customs watch application is in place, the customs will detain the goods ex officio within the period of one year, which can be extended each year before the expiration date. Once the goods suspected of infringing IP rights are detained by the customs, a similar procedure to the one regulated on the EU level for border measures is envisaged by the intra-border customs regulations, which also includes a simplified procedure for the destruction of the goods, following the expressed or implied consent of the holder of the infringing goods. However, unlike with the EU Regulation No. 608/2013, the small consignment procedure is not possible under the Czech intra-border customs watch system.

The new set of rules introducing the intra-border customs watch measures is a welcome novelty that will enable IP right holders to combat counterfeiting more effectively on the internal market in the Czech Republic. The Czech Customs are very efficient in their anti-counterfeiting actions and this new set of rules similar to the ones introduced on the EU level will most likely make a strong impact on the trade with counterfeits and other infringing goods.

By: Andrej Bukovnik

For more information, please contact Andrej Bukovnik at our Slovenia office.