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Regulation

Commission Implementing Regulation (EU) 2024/2399 of 12 September 2024 amending Commission Implementing Regulation (EU) No 1352/2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights

CELEX
Implementing Regulation (EU) 2024/2399
Date of document
Articles
2
Source
EUR-Lex
Article 1

Articles 1 and 2 of Implementing Regulation (EU) No 1352/2013 are replaced by the following:

‘Article 1

1.   The application requesting customs authorities to take action with respect to goods suspected of infringing an intellectual property right (application), as well as amendment or extension requests, shall include the information specified in the forms set out in Annexes I and II.

2.   Applicants or their representatives shall fill in the application and amendment or extension requests taking into account the notes on completion set out in Annex III.

3.   In line with Article 5(6) of Regulation (EU) No 608/2013, applicants or their representatives shall submit the application and amendment or extension requests electronically to the competent customs department through the IP Enforcement Portal (“IPEP”) for COPIS or through a national trader portal where such portal is in place in the Member State of submission of the application.

4.   In the Member States where the IPEP for COPIS and a national trader portal are both available, applicants or their representatives have the choice between the two trader portals. If they submit the application through a national trader portal, the amendment or extension requests related to this application shall be submitted through the same national portal. If they submit the application through the IPEP for COPIS, the related amendment or extension requests shall also be submitted through the IPEP for COPIS.

Article 2

1.   The Commission, the European Union Intellectual Property Office (EUIPO) and the customs authorities of the Member States shall notify each other if COPIS, the IPEP for COPIS or the national trader portals become unavailable due to a temporary failure.

2.   In the event of a temporary failure of COPIS or of one of the trader portals mentioned in paragraph 1, lasting at least 24 hours, the forms set out in Annexes I and II may be completed legibly on paper and submitted by means other than electronic data-processing techniques.

3.   The acceptance of paper-based forms shall be subject to the approval of the competent customs authorities.

4.   The applicants or their representatives shall complete the forms set out in Annexes I and II on paper in line with the notes on completion set out in Annex III.

5.   The applicants or their representatives shall complete the forms on paper in ink and block capitals.

6.   The forms completed on paper shall contain no erasures, overwritten words or other alterations and shall be made up in two copies.

7.   The applicants or their representatives shall make available the information contained in the applications and amendment or extension requests, submitted in accordance with paragraph 2, in the appropriate trader portal within 7 working days of the respective electronic systems becoming available again.’.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

2 articles

Cite this act

Commission Implementing Regulation (EU) 2024/2399 of 12 September 2024 amending Commission Implementing Regulation (EU) No 1352/2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32024R2399

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

EU-EurLex-Reuse-2011-833

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