Council Regulation (EC) No 1383/2003 of 22 July 2003 on the intervention of the customs authorities in the case of goods suspected of infringing certain intellectual property rights and the the measures to be taken in respect of goods which infringe those rights, hereinafter referred to as the basic Regulation, which entered into force on 1 July 2004, has repealed the hitherto existing Council Regulation (EC) No 3295/94 of 22 December 2004 on the 1994, laying down measures for the prohibition of release for free circulation, the export, re-export and inclusion in a regime of suspension of goods with counterfeiting and pirated goods.

Similarly, Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1383/2003 on the intervention of the customs authorities in the case of goods suspected of infringing certain intellectual property rights and the measures to be taken in respect of goods which infringe those rights, has come to repeal the previous Regulation (EC) No 1367/95 of 16 June 1995 laying down detailed rules for the application of Council Regulation (EC) No 1367/95 Council Regulation (EC) No 3295/94 laying down measures to prohibit the release for free circulation, export, re-export and entry into a system of suspension of goods with the use of a trade mark and the pirated goods, being applicable from 1 July 2004.

The adoption of such harmonised measures at Community level, makes it necessary, in turn, to adapt the internal provisions laid down in the matter, in order to accommodate the national regulation to the aforementioned legislation, in the with regard to the simplified procedure laid down in Article 11 of the basic Regulation.

Without prejudice to the direct applicability of the Community Regulations and in the interests of greater understanding on the part of the interested parties, some aspects of the rules should be partially reproduced. community.

Article 15 of Royal Decree 2095/1986 of 25 September 1986 amending the Customs Ordinance authorizes the Minister for Economic Affairs and the Treasury to lay down the detailed rules for the development of the matter, which is the subject of regulation in this order.

In this regard after its approval by the Ministry of Public Administration and in agreement with the State Council, I have:

Article 1. Scope of application.

1. This Order applies to goods in respect of which there is a suspicion of infringing intellectual property rights and which are in any of the following situations:

(a) when declared for release for free circulation, export or re-export,

(b) where they are discovered on the occasion of a check on goods introduced, or leaving the customs territory of the Community, or included in a suspension scheme, or in the course of re-export with notification, or free zone or free warehouse.

2. This Order is not applicable to:

(a) goods included in the personal luggage of travellers who may be deemed to be of a commercial character and are within the limits laid down for the granting of the customs duty.

(b) the goods to which a trade mark has been affixed with the consent of the proprietor of that trade mark, or to goods bearing a protected designation of origin or a protected geographical indication; or which are protected by a patent or a supplementary protection certificate, by copyright or related rights or rights relating to the design or production of a plant and which have been manufactured with the consent of the holder of the right, but which, without the consent of the latter, are in one of the situations referred to in the Article 1 (1) of the basic Regulation.

Nor shall it apply to the goods referred to in the preceding paragraph and which have been manufactured or have been protected by another intellectual property right referred to in Article 2 (1) of the basic Regulation conditions other than those agreed with the rightholder.

Article 2. Intervention procedure of the customs authorities.

1. In accordance with Article 5.2 of the basic Regulation, it is for the Customs and Excise Department to receive and process applications for the intervention of goods suspected of infringing the rights of the intellectual property, the maintenance and updating of databases with the information provided by rightholders or their representatives and the notification of rights holders in cases where they are subject to the right of access to the rights of the They do not have an application for intervention.

2. In accordance with Article 9 of the basic Regulation, Customs shall suspend the release or retain the goods on which there is a suspicion that intellectual property rights are infringed on the grounds of a dispatch recognition or any other control carried out by them.

Accordingly, the Customs Office will consult the existence or otherwise of the application for intervention submitted for the purpose of granting the time limits for the retention of goods, as set out in Articles 4 and 13 of the base.

3. Sample extraction: In cases where the right holders request the delivery of samples, in accordance with Article 9.3 of the basic Regulation, they may be withdrawn by the holders, their representatives duly accredited or per person authorized by either of the above two.

In the latter case, the person authorised for the purpose must present at the time of the removal of the samples, the document listed as an annex to this Ministerial Order, as an authorization and a commitment of responsibility. to cover the damage that may be caused to the samples delivered.

The samples provided must be returned when the technical analysis is complete and before the possible release of the goods or the end of the retention.

4. Simplified procedure for the destruction of goods suspected of infringing an intellectual property right: The Head of the Provincial Customs and Excise Dependence or the Customs Administrator will authorize the simplified procedure for the destruction of goods suspected of infringing an intellectual property right provided that the following conditions are met:

(a) the holder of the right or his duly accredited representative applies to the Customs Office for that procedure and states that the goods in question violate an intellectual property right.

(b) that the holder of the right or his representative provides the Customs with a document stating that the importer or owner of the goods has provided his or her conformity to the goods to be abandoned for destruction.

The presumption of acceptance of the agreement by the declarant, holder or owner of the goods, as referred to in the second paragraph of Article 11 of the basic Regulation, shall be accepted only by the Customs Office, where the the holder of the right can prove, by any means admitted in law, that the declarant, holder or owner of the goods has been notified of a proposal of written agreement intended for the renunciation of the goods for destruction and this has not been opposed to that proposal within 10 working days of its receipt. This period may be extended by another 10 working days where circumstances so require.

Once authorized by the Chief of the Provincial Customs and Excise Dependence or the Customs Administrator the simplified procedure for the destruction of goods suspected of infringing a right of the intellectual property, the destruction of the goods shall be carried out in accordance with the customs regulations. Prior to the destruction of the goods, the Customs Office shall carry out the preservation of one of the specimens of the sample extracted, as a test element in the judicial proceedings which may, if necessary, be promoted.

In any event, in accordance with the third subparagraph of Article 11 (1) of the basic Regulation, the costs of the destruction shall be on behalf of the rightholder.

Single repeal provision. Regulatory repeal.

Instruction 19 /99-GA, dated November 5, 1999, of the Customs and Excise Department is hereby repealed.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, July 3, 2006. -Deputy Prime Minister of the Government and Minister of Economy and Finance, Pedro Solbes Mira.

ANNEX

D. ..............................................................................., with ID number ................ (*) acting on behalf and representation of ..........................................................., Authorised D. .................................................................................... with DNI number .................. (*) to remove the samples of the goods covered by the customs document ................. Customs office of ................................................................................................

I also declare that the liability that may arise from the damage that may occur to these samples is assumed on the basis of the statement of responsibility provided to the intervention file.

In .....................,. a .... from ........................ from ................

Holder's signature/authorized representative Signature

* Photocopy of the D.N.I. is accompanied.

* Photocopy of the D.N.I. is accompanied.