Customs Enforcement - Legal Framework

Regardless of whether the application is based on the Regulation or on §142a of the German Patent Act, it is principally the right holder that may apply for a customs action. This is the person who is named in the register. As an exception, the right holder can also be the licensee, provided the licensee is formally authorised by the right holder to initiate customs proceedings. Proof of ownership can be provided by means of an excerpt of the register. The application must be filed with the competent customs authorities. In Germany, the competent customs authority is the Zentralstelle Gewerblicher Rechtsschutz in Munich.

The Regulation provides for two different tracks: one is applicable to the Community rights with a Community-wide effect (Article 4 of the Regulation), and the other is applicable to national rights, particularly European patents, national patents, utility models, SPCs and national trade marks.


Table 1: Application Proceedings