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Counterfeiting and piracy
Action pursuant to Regulation (EU) No 608/2013
The customs authorities may become active in accordance with Regulation (EU) No 608/2013 where infringing goods (within the meaning of Article 2 of Regulation (EU) No 608/2013) are being transported across the territory of the Federal Republic of Germany to another EU member State or to a third country.
The customs authorities are entitled to detain any goods suspected of infringing an intellectual property right that have been discovered by customs controls conducted in the course of a suspensive procedure, and to initiate further inspections. Customs will only take further action, however, where there is clear evidence of infringement.
Action under national legislation
To the extent that they do not fall within the scope of Regulation (EU) No 608/2013, any goods illegally marked with an indication of geographic origin that is protected under German, bilateral, or Community legislation, are subject to seizure by customs also when in transit.
Action can be taken relating to the following fields of legislation:
- Immediate and indirect geographical indications within the meaning of the German Trade Marks Act
- Aromatised wine-based drinks (Regulation (EEC) No 1601/91)
- Bilateral agreements between the Federal Republic of Germany and other countries
- The German Cheese Ordinance
As far as other fields of industrial property rights are concerned, there are no normative references for action by Customs under national legislation.