CUSTOMS SEIZURE
Customs authorities may initiate proceedings to determine whether there has been an infringement of an intellectual property right under national law.
"44. In those circumstances, Article 13(1) of Regulation No 1383/2003 does not preclude the Member States from providing that the customs authorities may themselves initiate proceedings to determine whether there has been an infringement of an intellectual property right under national law.
41. Furthermore, although it is true that the holder of the intellectual property right has an essential role so that the measures necessary in order to prevent the placing on the market of counterfeit and pirated goods are taken in its own interest (see, to that effect, Case C‑223/98 Adidas EU:C:1999:500, paragraph 26), such a finding cannot prevent the customs authorities from taking any action, for the purposes of Regulation No 1383/2003, without the initiative of the right-holder.
42. Moreover, having regard to the aims of that regulation which, as is apparent from recital 2 in the preamble thereto, seeks to prevent the placing on the market of goods which, in addition to infringing intellectual property rights, deceive and in some cases endanger the health and safety of consumers, other persons than the holders of those rights may, in order to eliminate those risks, rely on an interest in establishing the infringement of such rights.
43. Therefore, Regulation No 1383/2003 does not seek only to protect private rights and interests but also to protect public interests."
Customs authorities may determine whether there has been an infringement of an intellectual property right, if the relevant decisions are subject to appeal.
"49. In those circumstances, Regulation No 1383/2003 cannot be interpreted as precluding, in principle, a provision of national law which entrusts to an administrative authority the task of determining whether there has been an infringement of an intellectual property right.
52. Although, as is apparent from the order for reference, the national law at issue in the case in the main proceedings entrusts to the customs authorities the task of determining whether there has been an infringement of an intellectual property right, it is for the national court to ascertain whether the relevant decisions taken by that authority may be subject to appeal ensuring that the rights derived by individuals from EU law are safeguarded and, in particular, from Regulation No 1383/2003."
IPPT20140409, CJEU, Sintax Trading
C-538/12 - ECLI:EU:C:2014:244
