The Malta Customs Intellectual Property Rights Unit – Enforcement Directorate
operates in terms of the Intellectual Property Rights Cross border measures Act Vlll of 2000 chapter 414 of the Laws of Malta
, EC Regulations 1383/2003
and EC Regulations 1891/2004
Protect your IP rights,act now. Customs presence at all the European Union external borders plays an essential role in protecting Intellectual Property Rights within the European Customs Territory and beyond. In order to maintain the significant results
in the fight against counterfeiting and piracy, customs require the right holders’ co-operation. The most effective tool at the right-holder’s disposal is to seek customs protection in defending their rights. You can protect your IP rights against counterfeiters by filing a single application for action with one of the 27 competent customs authorities
. Enforcing your rights involves no administrative customs charges whatsoever.
An Application Manual
explaining the IPR application for action procedure is also available. Completed applications must be sent to the Competent Customs Authority
of the right-holder’s Member State of preference as listed here
Malta Police Force
Malta Commerce division IPR
World Intellectual Property Organization
Office for Harmonization in the Internal Market
European Patent Office
Community Plant Variety Office
World Customs Organisation
Article 1(2) of Regulation 765/20081
establishes that the EU market surveillance framework will ensure “…a high level of protection of public interests, such as health and safety in general, health and safety at the workplace, the protection of consumers, protection of the environment and security”. This objective must be satisfied by all products made available on the EU market, independently of whether they were produced in the EU or in a third country. The Regulation therefore also provides a framework for controls on products from third countries.
Customs, being the authority with the best overview over trade flows across the EU external border, has an important role to play, in cooperation with Market Surveillance Authorities. This is to carry out controls at border, before goods are released into free circulation, in order to ensure that unsafe or non-compliant imported products are not placed on the market.
In order to provide the knowledge authorities need to effectively implement these responsibilities, and to facilitate the implementation of Regulation (EC) No 765/2008, the Commission, together with the Member States, has drafted these Guidelines for use by Customs administrations. The Guidelines are also intended as an instrument to assist Customs and MSAs in improving cooperation methods and good administrative practice. At the same time, the Guidelines focus on the practical questions Customs are faced with when performing controls related to product safety and compliance.
) do not constitute a legally binding act; they are of an explanatory nature, intended to support Customs and MSAs in effectively carrying out the tasks in accordance with Article 15(5) and the provisions enshrined in Articles 27 to 29 ("Controls of products entering the Community market") of Regulation (EC) No 765/2008, setting out the requirements for accreditation and market surveillance relating to the marketing of products, which has been applicable since 1 January 2010.
The Commission has also compiled ‘Negative’ and ‘Positive’ lists of Products covered by Community legislation with specific provisions relating to border controls. Products in the Negative list
are not subject to import controls described in Articles 27 to 29 of Regulation (EC) No 765/2008 according to Article 15 (5) of Regulation (EC) No 765/2008. Products in the Positive list
are covered by these provisions are subject to import controls described in Articles 27 to 29 of Regulation (EC) No 765/2008 according to Article 15 (5) of Regulation (EC) No 765/2008.