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Protection of Intellectual property rights

Legislation:

Regulation (EU) No 608/2013 of the European Parliament and of the Council [new window] of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (referred to below as “Regulation 608/2013”)

Commission Implementing Regulation (EU) No 1352/2013 [new window] of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (referred to below as “Commission Regulation 1352/2013”)

Act No 486/2013 Coll. [.pdf; 361 kB; new window] of 29 November 2013 concerning Customs Enforcement of Intellectual Property Rights (referred to below as “Act 486/2013”)

Decree of the Ministry of Finance of the Slovak Republic No 490/2013 Coll. [new window] implementing certain provisions of Act No 486/2013 concerning Customs Enforcement of Intellectual Property Rights (referred to below as “Decree 490/2013”)

Forms and Guidelines:

Customs actions:

The Regulation 608/2013 [new window] and Act 486/2013 [.pdf; 361 kB; new window] provide two options for customs authorities taking actions:

  • Customs acts on request - the application for action already submitted by right holder. (as set out in Article 17 of Regulation 608/2013 [new window] and § 7 of the  Act 486/2013 [.pdf; 361 kB; new window])
  • Customs acts on ex-officio bases - on its own initiative, no application for action is in place. (as set out in Article 18 of Regulation 608/2013 [new window] and § 8 of Act 486/2013 [.pdf; 361 kB; new window]

How to submit an application for customs action?

1. Applications for actions for goods under the customs supervision

(Regulation 608/2013 [new window] and Act 486/2013 [.pdf; 361 kB; new window])

1.1 Application shall be submitted:

  • by using the appropriate form as set out in Commission Regulation 1352/2013 [new window]
    Forms:
  • in writing or by electronic means; if submitted by electronic means, it must be completed in writing not later than within three working days. Applications which were not completed within this time limit are not taken into account (§ 13 of the Act 486/2013 [.pdf; 361 kB; new window])
  • in the state language; when the application is submitted in a language other than the state language, it shall be attached with its officially authenticated translation in the state language. (§ 13 of the Act 486/2013 [.pdf; 361 kB; new window])
  • in two copies, (Article 2 of the Commission Regulation 1352/2013 [new window])
  • to the Financial Directorate of the Slovak Republic, Mierová 23, 81105 Bratislava, Slovakia, email: pdv@financnasprava.sk (§ 12 of the Act 486/2013 [.pdf; 361 kB; new window])

1.2 Information required in the application form:

(as set out in Article 6 of  Regulation 608/2013 [new window])

  • documents providing evidence to satisfy the competent customs department that the applicant is entitled to submit the application
  • where the applicant submits the application by means of representative, details of the person representing him and evidence of that persons powers to act as a representative
  • the list of the intellectual property rights or right to be enforced
  • the information needed to enable the customs authorities to identify the goods in question

1.3 Administrative fees,

The applicant will not be charged a fee for a new applications, or requests for extensions, submitted under Regulation 608/2013 [new window].

However, the customs authorities reserve the right to pass on to applicant any costs incurred from the moment of detention including handling, transportation, storage, administration and for destroying suspected goods.

Financial Directorate notifies the applicant of its decision granting or rejecting the application within 30 working days of the receipt of the application. (Article 9 of  Regulation 608/2013 [new window])

1.4 Validity periods and renewals

The validity period shall not exceed one year from the day following the date of adoption but it may be extended upon request by using the appropriate form as set out in Commission Regulation 1352/2013 [new window].  (Article 11 an Article 12 of  Regulation 608/2013 [new window])

Forms:

1.5 Notification obligations of the holder of the decision

(Article 15 of  Regulation 608/2013 [new window])

The holder of the decision shall immediately notify the Financial Directorate in case of an IPR covered ceases to have effect or the holder of the decision ceases to be entitled to submit the application or in case of any modification to the Application form information.

For more information please consult the European Commission Manual for the Completion of Applications for Action and Extension Requests [.pdf; 494 kB; new window].

2. Applications for actions for goods in the national market

(Act 486/2013 [.pdf; 361 kB; new window])

2.1 Application shall be submitted:

  • by using the appropriate forms as set out in the Decree 490/2013 [new window]
    Forms:
  • in writing or by electronic means; if submitted by electronic means, it must be completed in writing not later than within three working days. Applications which were not completed within this time limit are not taken into account (§ 3 of the Act 486/2013 [.pdf; 361 kB; new window])
  • in the state language; when the application is submitted in a language other than the state language, it shall be attached with its officially authenticated translation in the state language. (§ 3 of the Act 486/2013 [.pdf; 361 kB; new window])
  • in two copies, (§ 3 of the Act 486/2013 [.pdf; 361 kB; new window])
  • to the Financial Directorate of the Slovak Republic, Mierová 23, 81105 Bratislava, Slovakia, email: pdv@financnasprava.sk (§ 3 of the Act 486/2013 [.pdf; 361 kB; new window])

2.2 Information required in the application form:

(§ 3 of the Act 486/2013 [.pdf; 361 kB; new window])

  • documents providing evidence to satisfy the competent customs department that the applicant is entitled to submit the application
  • where the applicant submits the application by means of representative, details of the person representing him and evidence of that persons powers to act as a representative
  • the list of the intellectual property rights or rights to be enforced
  • the information needed to enable the customs authorities to identify the goods in question

2.3 Administrative fees,

The applicant will not be charged a fee for a new applications, or requests for extensions, submitted under Act 486/2013 [.pdf; 361 kB; new window].

However, the customs authorities reserve the right to pass on to applicant any costs incurred from the moment of detention including handling, transportation, administration  destroying and also the storage of suspected goods as set out in the Decree 490/2013 [new window].

If the application for action in the national market meets all requirements, the Financial Directorate shall mark both copies of the application for action in the national market.

The Financial Directorate shall issue the decision within 30 working days of the submission date of the application for action in the national market.

2.4 Validity periods and renewals

The approved application for action in the national market is considered an enforceable decision. Customs offices shall take actions in the national market for two years from its issuance date. (§ 4 of the Act 486/2013 [.pdf; 361 kB; new window])

Upon request by the holder of the decision, the time limit may be extended for another two years, even repeatedly by using the appropriate form as set out in the Decree 490/2013 [new window].

Forms:

2.5 Notification obligations of the holder of the decision

(§ 4(9) of the Act 486/2013 [.pdf; 361 kB; new window])

The holder of the decision shall immediately notify the Financial Directorate in case of an IPR covered ceases to have effect or the holder of the decision ceases to be entitled to submit the application or in case of any modification to the Application form information.