A Study on the EU Regulations Relative to Customs Enforcement on Counterfeit and Pirated Goods

Abstract

Customs enforcement of counterfeit and pirated goods entering, or in transit through a country’s territory is very important in view of the need for protection of intellectual property rights(IPR) holder’s benefits, consumer safety and health, as well as the prevention of extortion of government expenditure and, decrease of lawful jobs. The new regulation (EU) 608/2013 concerning customs enforcement of IPR which strengthens the role of customs authorities in control of counterfeit and pirated goods was adopted as of January 1, 2014. On the basis of EU customs enforcement of IPR and regulation (EU) 608/2013, it is suggested that Korea Customs Services (KCR) should take some measures to control counterfeit and pirated goods effectively as follows: First, it is necessary to supplement ‘simplified destruction procedure’ for counterfeit and pirated goods found in the existing regulation. Second, it is necessary to introduce ‘supersimplified destruction procedure’ for counterfeit and pirated goods in small consignments. Third, KRC has to strengthen international cooperation with every priority country’s customs. Fourth, it is necessary to control counterfeit and pirated goods in travellers’ personal luggage. Lastly, it is necessary to strengthen consumer awareness and education for the perception of the threat from counterfeit and pirated goods.