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Model Legislation and Customs experts Committee documentation

Model legislation:
  • WCO Model Law
  • Standard Application Form

Customs Experts Committee Documentation:
  • Freezones
  • Guidance to industry
  • Overruns
A WCO IPR Model Legislation has been developed to help countries in drafting, or revising their existing Customs legislation. The model is based on TRIPS and includes provisions on:
  • Applications for Customs Assistance
  • The duration of Customs surveillance over suspected infringements
  • The provision of information, including evidence of right ownership and the grounds for suspicion
  • Indemnity and security
  • Suspension of clearance and time period of suspension
  • Notification to the right holder
  • Examination of the goods by the right holder and the provision of information
  • Compensation in the case of wrongful detention of goods
  • Ex-Officio Action; Customs working on their own initiative, without application
  • Powers of suspension of clearance and disposal of counterfeit goods

*WCO MODEL LAW * [ Latest version May 19, 2004 - English, French ]

On the 20th February 2003 the WCO Enforcement Committee adopted the new model law on border measures. This document is not binding upon Members and goes beyond the minimum standards required in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). It represents best practice in the area of IPR legislation for Customs and will be a useful aid to those Administrations drafting or reviewing legislation.

The WCO Secretariat has further improved the legal text following suggestions of the World Intellectual Property Organisation (WIPO).  These final amendments involved some minor changes to legal language and improvements to presentation, which  improved the likelihood of it being used by those Government experts carrying out legal reforms.
WIPO have agreed to circulate the text to their Member Governments

Standard Application Form

A summary of the "articles" within TRIPS relevant to Customs:

Section 4: Special Requirements Related to Border Measures
Article 51: Suspension of Release. A provision, which allows a right holder to lodge an application with Customs to suspend release of, suspected counterfeit goods.
Article 52: Application. Describes the conditions for making an application, Prima facie evidence of infringement and a 'sufficiently detailed description' of the goods.
Article 53: Security or Equivalent Assurance. Security to prevent abuse of the system
Article 54: Notice of Suspension. Prompt notification by Customs to the rights holder of suspension.
Article 55: Duration of Suspension. 10 working days after the applicant has been served notice of the suspension; time period for Right Holder to commence legal proceedings.
Article 56: Indemnification of the Importer and of the Owner of the Goods. The applicant is liable to pay compensation to the importer, the consignee and owner compensation in the case of wrongful detention.
Article 57: Right of Inspection and Information. The right holder is given sufficient information and the right to inspect detained goods, in order to substantiate the claim(s).
Article 58: Ex Officio Action. Optional provision, which allows Customs to act upon their own initiative, without an application being required, in order to suspend clearance of goods.
Article 59: Remedies. Destruction order for infringing goods. Re-exportation not allowed.
Article 60: De Minimus Imports. Small "non-commercial" consignments may be excluded.

Free Zones
Guidelines on controlling Free Zones in relation to Intellectual Property Right infringements
[Latest version January 12, 2005]

Guidance to industry on information to be provided to Customs
[Guidance to Industry May 4, 2005]

Overruns


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