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: [email protected]
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