Sunday, August 01, 2021
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Fight to counterfaited goods in the USA, the new IPRiS database

US Customs (Customs and Border Protection, “CBP”) has launched a new system aiming to support customs officers in the identification of counterfaited goods. This system, a database accessible via intranet uniquely to the Customs personnel, is nicknamed “Intellectual Property Rights internal Search system" (IPRiS). This tool will give trademark holders the possivility to introduce a detailed description of their goods, uploading their product identification guides complete with photos, tecnichal specifications and other information that can help customs officers to compare the technical features of the products suspected to be counterfaited with the originals. Italy adopts a similar system, named "FALSTAFF", since 1994.

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Notice to undertakings intending to import or export during the year 2012 controlled substances that deplete the ozone layer

With the Communication 2011/C 75/05, the European Commission informs that companies intending to import or export during the year 2012 those controlled substances that deplete the ozone layer listed to the EC Reg. No 1005/2009 of the European Parliament and Council (for further details read our article) and that are not subject to an import or export ban, must ask to the Commission the release of a special licence, except in cases of transit, temporary storage, customs-warehousing or free zone procedure as referred to in Regulation (EC) No 450/2008. The licence lasts not longer than 45 days.

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Best practices concerning the cooperation between customs and border guards

About twenty years ago, the European Union introduced the concept of "integrated management of the external borders", included in the Conclusions of the European Council of Laken of 14 and 15 December 2001. This concept is based on the idea that the management and the effective coordination of the control of the external borders of the Union, can represent a fundamental element in the fight against terrorism, irregular immigration and human being trafficking ...

Read the report of the Center for Study of Democracy (Bulgaria) on the "Better management of EU border through better cooperation"

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"Made in" of foods products, the "stop" of Bruxelles

We knew it was going to be like that" (see our article), and the answer of the European Commission to the new Italian law on the compulsory indication of origin on foods products is not a surprise. The reaction, quite irritated, of two EU Commissioners (Health and Agriculture), precises that the Italian law, apart from its possible conflict with the Community legislation (for which Italy has been invited to communicate the law to the Commission as soon as possible via the TRIS service), is unopportune, if we consider that negotiations are ongoing at Community level for deciding on this delicate matter. Read the article on La Stampa.

BTI applications for "one type of goods", a clarification from the ECJ

On 15 February 2005, a request of Binding Tariff Information (BTI) was submitted to the Latvian State Tax Authority (LSTA) regarding to a shipment of LCD liquid crystal displays of different sizes, with proposed classification within the subheading 9013 80 20 of the Combined Nomenclature (CN). In considering the application non compliant with art. 6, paragraph 2 of Reg. 2454/1993 ("an application for binding tariff information shall relate to only one type of goods"), the LSTA refused to give its answer, on the assumption that the LCD displays were characterized by differences (the different size), preventing their qualification as goods "only of one type”. The applicant should therefore have been submitting separate applications, according to the different characteristics of the goods at issue.

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