national customs authority · 2011-09-13 · ricci,dkny,versace chanel. constanta sud –april 2010...

NATIONAL CUSTOMS AUTHORITYNATIONAL CUSTOMS AUTHORITYNATIONAL CUSTOMS AUTHORITYNATIONAL CUSTOMS AUTHORITY

BELGRAD

SEPTEMBER 2011

04/14/10 2

ORGANIZATIONAL CHART

NATIONAL CUSTOMS AUTHORITYVICE-PRESIDENT

Legal

Directorate

Directorate Human

Resources, General

Organisation and

Training

Directorate Information

Technology,

Communication

And Customs Statistics

Directorate

Customs

Clearance

Techniques

And Customs TariffCustoms Operations

Directorate of

Excise Surveillance

and

Customs Operations

Directorate Budget,

Investments and

Service Management

Division Customs

European Integration and

International Relations

Division Internal

Verifications

Division Internal

Public Audit Directorate Authorisation

For Excise Goods

Division PHARE

Programmes

Implementation

Interior and Border

Customs Offices

(46)

County Directorates for Excise

And Customs Operations

(42)

Regional Directorates for Excise and

Customs Operations

(8)

3

DIRECTORATE OF EXCISE SURVEILLANCE AND

CUSTOMS OPERATIONS

DIRECTOR

DEPUTY DIRECTOR

Division of

Post-Clearance

Control and

Customs Fraud

Investigation

Division for

Protection of

Intellectual

Property Rights

Customs

Information

Center

Office of

Methodological

Coordination of

Fight Against

Customs Fraud

Division Fight

Against Drugs

Traffic and

Special Regime

Products

Customs Information Centre

Regional Compartments

For Protection of IPR

(8)

County Compartments

For Protection of IPR

(42)

Division for Surveillanceof Excise Goods

THE STRUCTURE (IPR VIEW)

NATIONAL CUSTOMS AUTHORITY

Service for protection of IPR (8 customs officers)

� REGIONAL CUSTOMS DIRECTORATE FOR EXCISES AND CUSTOMS OPERATIONS (8)

Compartment for protection of IPR (2-4 appointed people)

� COUNTRY DIRECTORATE FOR EXCISES AND CUSTOMS(42)

Compartment for protection of IPR (1-2 appointed people)

� INTERIOR AND BORDER CUSTOMS OFFICES (479 customs officers appointed in accordance with the type and number of customs operations)

WHAT WE NEED TO BE

EFFECTIVE?

�STRONG LEGAL PROVISIONS

�APPROPRIATE STRUCTURE

�TOOLS

�TRAINED CUSTOMS STAFF

�CO-OPERATION WITH:� IP RIGHT HOLDERS AND THEIR

ASSOCIATIONS

� ALL NATIONAL AND INTERNATIONAL

ENFORCEMENT AGENCIES INVOLVED

NATIONAL LEGAL

PROVISIONS

� Law no.344/2005 on specific measures for the enforcement of intellectual property rights in customs clearance operations

� Government Decision no.88/2006 laying down provisions for the implementation of Law no.344/2005 (amended by G.D.no.946/2007)

INTERNATIONAL AND EU REGULATIONS

(related to customs)

� Agreement on trade-related aspects of intellectual property rights (TRIPS Agreement)

� Council Regulation (EU) no.1383/ 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (starting with 1st January 2007)

� Commission Regulation (EC) no.1891/2004 laying down provisions for the implementation of Council Regulation (EC) no.1383/2003(starting with 1st January 2007)

� Commission Regulation (EC) no.1172/2007 amending Commission Regulation (EC) no.1891/2004

ACTIONS TAKEN BY CUSTOMS

AUTHORITY

� Suspend the customs clearance for 10 working days in case of a valid application of the right holder

� Notify the right holder and the declarant/owner/consignee of the suspected goods

� Depends on the answer of the right holder, customs authority detain the goods or release them

� In ex-officio actions, the suspected goods are retained for 3 working days

� Goods found to infringe an IPR can be destroyed or, with the written consent of the right holder, can be donated to charitable organizations

� Simplified procedure in accordance with art.11 of Council Regulation (EU) no.1383/ 2003 is in place

TOOLSIT INSTRUMENTS

� CUSTOMS INTELIGENCE AND RISK MANAGEMENT –IIPR – statistic data base containing applications for customs action lodged by the right holders and seizures of counterfeit goods

IIPR- Industrial &Intellectual Property

Rights

The application for customs action

OTHER X-RAY MACHINE TOOLS

PHYSICAL INSPECTION OF GOODS

in Constanta Port

KEY OF SUCCESS ?

CO-OPERATION!!!

CO-OPERATION BETWEEN

NATIONAL LAW ENFORCEMENT

AGENCIES INVOLVED

� WORKING GROUP FOR THE ENFORCEMENT OF IPR –UNDER THE CO-ORDINATION OF THE PROSECUTOR OFFICE

� NATIONAL CUSTOMS AUTHORITY

� GENERAL INSPECTORATE OF ROMANIAN POLICE

� GENERAL INSPECTORATE OF BORDER POLICE

� STATE OFFICE FOR INVENTIONS AND TRADEMARKS

� ROMANIAN OFFICE FOR COPYRIGHT

� NATIONAL AGENCY FOR CONSUMERS PROTECTION

� .

� .

� .

� REPRESENTATIVES OF IP RIGHT HOLDERS

Co-operation with the IP right

holders

� Sharing information on IPR infringements

� Regular meetings with law enforcement

agencies

� Training seminars for customs officers

KEY OF SUCCESS

� Raise awareness of risks for public health

and security, tax losses and jobs

�Permanent press releases

�Monthly bulletins on customs

seizures, new legislation and

events introduced on customs

web page: www.customs.ro

NUMBER OF ARTICLES RETAINED BY PRODUCT

TYPE

2009-2011

No TYPE OF PRODUCT Quantity

2009

Quantity

2010

Quantity

2011

01.01.-31.06.2011

1 cigarettes 67.564.860 pcs. 19.353.790 pcs. 5.016.920 pcs.

2 Sanitary pads - 1.098.240 pcs. 1.360 pcs.

3 clothing 1.792.589 pcs. 674.872 pcs. 74.044 pcs.

4 baterry - 164.200 pcs. 400 pcs.

5 cosmetics 242.284 pcs. 81.170 pcs. 43.872 pcs.

6 toys 4.518 pcs. 61.517 pcs. 119.699 pcs.

7 footwear 99.783 pcs. 57.299 pcs. 113.946 pcs.

8 Mobile phones and accesories 24.990 pcs. 7.050 pcs. 2.075 pcs.

9 Leather goods 9.069 pcs. 6.248 pcs. 14.823 pcs.

10 glasses 12.712 pcs. 1.951 pcs. 207 pcs.

11 DVD`s, USB memories, ink cartridges 646 pcs. 366 pcs. 59.500 pcs.

12 lighters 298.000 pcs. - -

13 Articles household - - 20.214 pcs.

14. other 27.073 pcs. 106.392 pcs. 28.856 pcs.

Total 70.076.524 pcs. 21.613.095 pcs. 5.495.916 pcs.

SOME IMPORTANT

SEIZURES

2010 -2011

CONSTANTA SUD –FEBRUARY 2011

� 15.250 pairs of sport

shoes

� Route: China-

R.Moldova

� Trademark involved:

NBA, CONVERSE

CONSTANTA SUD–MARCH 2011

� 42.812 PCS TOYS

� Route:Cina–Romania

� Trademark involved:DISNEY

CONSTANTA SUD–APRIL 2011

� 70.075 pieces

� Clothing

� Route:China–Romania-

Ukraine

� Trademark involved:Adidas

CONSTANTA SUD – JANUARY 2010

� 78.082 pcs parfume

bottles

� Route: China-Polonia

� Trademark involved:

D&G, GUCCI, NINA

RICCI,DKNY,VERSACE

CHANEL

CONSTANTA SUD –APRIL 2010

� 1.098.240 pcs sanitary

pads

� Route: China-Romania

� Trademark

involved:ALWAYS

CONSTANTA SUD, JANUARY

2009

� 4 998 800 pieces

� Cigarettes

� Route: United Arab

Emirates-Romania

Counterfeit goods destroyed

NUMBER OF CUSTOMS APLICATION LODGED BY THE IP RIGHT

OWNERS

0

100

200

300

400

500

600

700

2009 2010 2011

Romania 2009 2010 2011

(01.01.-30.06)

Total 622 640 398

Comunitare 302 399 259

Number of application and articles 2009-2011

0

100

200

300

400

500

600

700

2009 2010 2011

Romania 2009 2010 2011Number of

action524 615 467

Number of

articles70.076.524 21.613.095 5.495.916

Directorate of Surveillance

of Excises and Customs Operations

Intellectual Property Rights Protection Division

Ioana Butufei

Ramona Cainamisir

Tel.,fax: 004021 319 31 81

E-mail: ioana.butufei@customs.ro