28.10.2024
We refer to our mailshot earlier this year which discussed the protection of intellectual property rights and the prevention of infringing or counterfeit goods from crossing borders by filing Applications for Action (AFAs) with customs in the UK and EU.
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As a reminder, an AFA informs customs of intellectual property rights (including trade marks, patents, designs and copyright) owned by rights holders as well as other pertinent information that allows customs to identify and seize potential counterfeit and infringing goods.
With regard to EU AFAs, the Commission Implementing Regulation (EU) 2024/2399 of 12 September 2024 is now in force and can be read here. As of 03 October 2024, all EU AFAs must be filed, maintained and managed electronically, where computerised systems are in place.
Therefore, rights holders can submit eAFAs to customs through the IP Enforcement Portal (IPEP) at IP Enforcement Portal - Observatory (europa.eu) which is the EU AFA e-filing and management portal for all EU Member States or through the online national systems in Germany, Italy or Spain. IPEP is connected to the central EU customs database, COPIS (Counterfeit and anti-Piracy Information System), where the AFA information is stored and exchanged with customs. Paper copies may only be filed where there is a temporary failure of COPIS or one of the online portals.
We are eagerly awaiting updates regarding the introduction of the digital signature.
Our Irish offices would be delighted to provide any advice in relation to this change and to assist in filing eAFAs on your behalf through IPEP. For any EU AFA enquiries, please do not hesitate to contact Galway@keltie.com and Aisling.Murphy@keltie.com. For any UK AFA enquiries, please do not hesitate to contact Eleni.Mezulanik@keltie.com and Amber.Waynik@keltie.com.
23.08.2024
Ireland’s Hokey Cokey* with the UPC continuesThe Irish Government wants ‘in’ but pending a delayed referendum, Ireland remains ‘out’. But is Ireland actually ‘in’ to some extent already? A recent decision by a Local Division of the UPC Court of First Instance certainly ‘shook it all about’ before that decision was firmly overruled by the UPC Court of Appeal.
21.01.2025
Thatcher’s Triumphs in Trade Mark TrialOn 20 January 2025, the Court of Appeal delivered a significant judgment in the case of Thatchers Cider Company Limited v. Aldi Stores Limited, ruling in favour of Thatchers in its trade mark infringement claim against Aldi. This decision overturned a previous High Court ruling from January 2024, which had dismissed Thatchers' claims.
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