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Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights

Type Implementing Regulation

Publication 2013-12-18

Last updated 2025-11-24

State In force

Department European Commission

Source EUR-Lex

articles 4

Reform history JSON API

Article 1

The application requesting customs authorities to take action with respect to goods suspected of infringing an intellectual property right (application), as well as amendment or extension requests, shall include the information specified in the forms set out in Annexes I and II.

Applicants or their representatives shall fill in the application and amendment or extension requests taking into account the notes on completion set out in Annex III.

In line with Article 5(6) of Regulation (EU) No 608/2013, applicants or their representatives shall submit the application and amendment or extension requests electronically to the competent customs department through the IP Enforcement Portal (‘IPEP’) for COPIS or through a national trader portal where such portal is in place in the Member State of submission of the application.

In the Member States where the IPEP for COPIS and a national trader portal are both available, applicants or their representatives have the choice between the two trader portals. If they submit the application through a national trader portal, the amendment or extension requests related to this application shall be submitted through the same national portal. If they submit the application through the IPEP for COPIS, the related amendment or extension requests shall also be submitted through the IPEP for COPIS.

Article 2

The Commission, the European Union Intellectual Property Office (EUIPO) and the customs authorities of the Member States shall notify each other if COPIS, the IPEP for COPIS or the national trader portals become unavailable due to a temporary failure.

In the event of a temporary failure of COPIS or of one of the trader portals mentioned in paragraph 1, lasting at least 24 hours, the forms set out in Annexes I and II may be completed legibly on paper and submitted by means other than electronic data-processing techniques.

The acceptance of paper-based forms shall be subject to the approval of the competent customs authorities.

The applicants or their representatives shall complete the forms set out in Annexes I and II on paper in line with the notes on completion set out in Annex III.

The applicants or their representatives shall complete the forms on paper in ink and block capitals.

The forms completed on paper shall contain no erasures, overwritten words or other alterations and shall be made up in two copies.

The applicants or their representatives shall make available the information contained in the applications and amendment or extension requests, submitted in accordance with paragraph 2, in the appropriate trader portal within 7 working days of the respective electronic systems becoming available again.

Article 3

Regulation (EC) No 1891/2004 is repealed.

Article 4

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

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ANNEX II

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ANNEX III

NOTES ON COMPLETION

I. SPECIFICATIONS OF THE BOXES OF THE APPLICATION FOR ACTION FORM SET OUT IN ANNEX I TO BE FILLED IN BY THE APPLICANT

Fields in the form marked with an asterisk (*) are mandatory fields and shall be filled in.

Where in a box one or more fields are marked with a plus sign (+) at least one of those fields shall be filled in.

No data shall be entered in the boxes marked ‘for official use’.

Box 1: Applicant

Details concerning the applicant shall be entered in this box. It shall contain information on the name and complete address of the applicant, his or her Economic Operator Registration and Identification Number (EORI-No), which is a number, unique throughout the Union, assigned by a customs authority in a Member State to the applicant, his or her telephone, mobile telephone or fax number and his or her email address. The applicant may also enter, where appropriate, his Taxpayer Identification Number, any other national registration number and the address of his or her website.

Box 2: Union/National application

The appropriate box shall be ticked to indicate whether the application is a National or a Union application, as referred to in points (10) and (11) of Article 2 of Regulation (EU) No 608/2013.

Where the application is submitted after the release of the goods was suspended or the goods were detained in accordance with Article 18 of Regulation (EU) No 608/2013, the box ‘National application (cf. Article 5(3))’ shall be ticked.

Box 3: Status of the applicant

The appropriate box shall be ticked to indicate the status of the applicant within the meaning of Article 3 of Regulation (EU) No 608/2013. The application shall include documents providing evidence to satisfy the competent customs department that the applicant is entitled to submit an application.

Box 4: Representative submitting the application in the name of the applicant

Where the application is submitted by the applicant by means of a representative, details concerning that representative shall be entered in this box. Those details shall contain information on the name and complete address of the representative, his or her Economic Operator Registration and Identification Number (EORI-No), which is a number, unique throughout the Union, assigned by a customs authority in a Member State to the representative, his or her telephone, mobile telephone or fax number and his or her email address. The representative may also enter, where appropriate, the name of the company where he or she works and the address of the company’s website. The application shall include evidence of his or her power to act as a representative in accordance with the legislation of the Member State where the application is submitted and the corresponding box shall be ticked.

Box 5: Type of right to which the application refers

The type(s) of the intellectual property rights (IPR) to be enforced shall be indicated by ticking the appropriate box.

Box 6: Member State or, in the case of a Union application, Member States in which customs action is requested

The Member State or, in the case of a Union application, Member States in which customs action is requested shall be indicated by ticking the appropriate box.

In case Northern Ireland (XI) is indicated, the application shall be a Union application and can only be granted for protection with respect to any of the following intellectual property rights which are protected in Northern Ireland by virtue of Windsor Framework ([^E0001]):

(a) geographical indications or designations of origin protected for agricultural products and wines, as well as geographical indications protected for spirit drinks, as provided for in Regulation (EU) 2024/1143 of the European Parliament and of the Council ([^E0002]);

(b) geographical indications for craft and industrial products as provided for in Regulation (EU) 2023/2411 of the European Parliament and of the Council ([^E0003]).

Box 7: Representative for legal matters

The details of the representative designated by the applicant to take charge of legal matters shall be indicated in this box.

Box 8: Representative for technical matters

In case the representative for technical matters is different from the representative indicated in box 7, the details of the representative for technical matters shall be indicated in this box.

Box 9: Details of the designated representatives for legal and technical matters in case of a Union application

In case of a Union application, the details of the representative or representatives designated by the applicant to take charge of technical and legal matters in the Member States indicated in box 6 shall be provided in a separate annex which shall contain the elements of information requested in boxes 7 and 8. In case a representative has been designated for more than one Member State, it shall be clearly indicated for which Member States he has been designated.

Box 10: Small consignment procedure

Where the applicant wishes to request the use of the procedure for destruction of goods in the small consignment set out in Article 26 of Regulation (EU) No 608/2013, he shall tick the appropriate box of the Member State, or Member States in case of a Union application, in which he wishes to have the procedure applied.

Box 11: List of rights to which the application refers

Information on the right or rights to be enforced shall be entered in this box.

In the column ‘No’, sequential numbers shall be entered for each of the intellectual property rights to which the application refers.

In the column ‘Type of right’, the type of IPR shall be indicated by using the appropriate abbreviations which appear in box 5 in brackets.

In the column ‘list of goods to which the right refers’, the type of goods which are covered by the relevant IPR and with regard to which the applicant wishes to request customs enforcement shall be entered.

Sub-box ‘Restricted handling’ in boxes 12-28

Where the applicant wishes to request that information provided by him in boxes 12-28 be the subject of restricted handling within the meaning of Article 31(5) of Regulation (EU) No 608/2013, this sub-box shall be ticked.

Page 2: Information on authentic goods in boxes 12-19

The applicant shall enter in boxes 12-19, as appropriate, specific and technical data on the authentic goods, information needed to enable the customs authorities to readily identify goods suspected of infringing IPR and information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the IPR(s) concerned.

Box 12: Goods details

Box 12 shall contain a description of the authentic goods, including get-up and graphic symbols, their Combined Nomenclature code and their value in the EU internal market. The applicant, where appropriate, shall provide images of those goods. The information shall be arranged per different type of goods or different assortment of goods.

Box 13: Goods distinctive features

Box 13 shall contain information on the typical features of the authentic goods, such as markings, labels, security threads, holograms, buttons, hangtags and bar-coding, indicating the exact position of the features on the goods and their appearance.

Box 14: Place of production

Box 14 shall contain information on the place of production of the authentic goods.

Box 15: Involved companies

Box 15 shall contain information on authorised importers, suppliers, manufacturers, carriers, consignees or exporters. The information shall be arranged per different type of goods.

Box 16: Traders

Box 16 shall contain information on persons or entities authorised to trade in products involving the use of the IPR(s) for which enforcement is sought. The information shall refer to name, address and registration numbers, such as EORI number, of those persons or entities. Likewise, the information shall comprise information on how licensees may demonstrate their authorisation to use the IPR(s) in question.

Box 17: Goods clearance details and distribution information

Box 17 shall contain information on channels of distribution of the authentic goods, such as information related to central warehouses, dispatch departments, means of transport, transport routes and delivery, and on customs procedures and offices where the clearance of the authentic goods is carried out.

Box 18: Packages

This box shall contain information on the packaging of the authentic goods, such as information on the following:

(a) the kind of packages, indicated by using the relevant codes as given in Annex 38 to Commission Regulation (EEC) No 2454/93 ([^E0004]);

(b) typical features of the packages (for instance, markings, labels, security threads, holograms, buttons, hangtags and bar-coding), including the exact position of the features in the package;

(d) where appropriate, images of those goods.

Box 19: Accompanying documents

Box 19 shall contain information on documents accompanying the authentic goods, such as brochures, operating instructions, warranty documents or other similar items.

Page 3: Information on infringing goods in boxes 20-27

The applicant shall enter in boxes 20-27, as appropriate, information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the IPR(s) concerned.

Box 20: Goods details

Box 20 shall contain a description of goods suspected of infringing an intellectual property right (infringing goods), including get-up and graphic symbols. The applicant, where appropriate, shall provide images of those goods. The information shall be arranged per different type of goods or different assortment of goods.

Box 21: Goods distinctive features

Box 21 shall contain information on the typical features of the suspected infringing goods, such as markings, labels, security threads, holograms, buttons, hangtags and bar-coding, indicating the exact position of the features on the goods and their appearance.

Box 22: Place of production

Box 22 shall contain information on the known or suspected place of origin, provenance and delivery of the infringing goods.

Box 23: Involved companies

Box 23 shall contain information on importers, suppliers, manufacturers, carriers, consignees or exporters who are suspected of being involved in infringements of the relevant intellectual property rights.

Box 24: Traders

Box 24 shall contain information on persons or entities not authorised to trade in products involving the use of the IPR(s) for which enforcement is sought and who have been trading the products in the Union in the past.

Box 25: Goods distribution information

Box 25 shall contain information on channels of distribution of the infringing goods, such as information related to warehouses, dispatch departments, means of transport, transport routes and places of delivery, and on customs procedures and offices where the clearance of the infringing goods is carried out.

Box 26: Packages

This box shall contain information on the packaging of the suspected infringing goods, such as information on the following:

(a) the kind of packages, indicated by using the relevant codes as given in Annex 38 to Regulation (EEC) No 2454/93;

(b) typical features of the packages (for instance, markings, labels, holograms, buttons, hangtags and bar-coding), including the exact position of the features in the package;

(d) where appropriate, images of those goods.

Box 27: Accompanying documents

Box 27 shall contain information on documents accompanying the suspected infringing goods, such as brochures, operating instructions, warranty documents or other similar items.

Box 28: Additional information

The applicant may provide in box 28 any additional information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the IPR(s) concerned such as specific information concerning planned deliveries of suspected infringing goods, including specific and detailed information on means of transport, containers and persons involved.

Box 29: Undertakings

Do not amend the wording, or enter data in this box.

Box 30: Signature

In box 30, the applicant or the representative of the applicant indicated in box 4 shall enter the place and date of completion of the application and shall sign. The signatory’s name shall be given in block capitals.

II. SPECIFICATIONS OF THE BOXES OF THE REQUEST FOR EXTENSION FORM SET OUT IN ANNEX II TO BE FILLED IN BY THE HOLDER OF THE DECISION

Fields in the form marked with an asterisk (*) are mandatory fields and shall be filled in.

In boxes where fields are marked with a plus (+) at least one of these fields shall be filled in.

Do not enter data in the boxes marked ‘for official use’.

Box 1: Details concerning the holder of the decision

Details concerning the holder of the decision shall be entered in this box.

Box 2: Representative of the holder of the decision

Where the request is submitted by the holder of the decision by means of a representative, details concerning that representative shall be entered in this box. Those details shall contain information on the name and complete address of the representative, his or her Economic Operator Registration and Identification Number (EORI-No), which is a number, unique throughout the Union, assigned by a customs authority in a Member State to the representative, his or her telephone, mobile telephone or fax number and his or her email address. The representative may also enter, where appropriate, the name of the company where he or she works and the address of the company’s website. If not submitted with the initial application, the request shall include evidence of his or her power to act as a representative in accordance with the legislation of the Member State where the initial decision was adopted and the corresponding box shall be ticked.

Box 3: Extension request

The application registration number including the first two digits with the iso/alpha-2 code of the Member State of granting shall be entered in this box. The holder of the decision shall likewise indicate whether he or she is requesting modifications to the information contained in the application by ticking the appropriate box.

Box 4: Signature

In box 4, the holder of the decision or the representative of the holder of the decision shall enter the place and date of completion of the request and shall sign. The signatory’s name shall be given in block capitals.

[^E0001]: The Windsor Framework is the new way in which the Protocol on Ireland / Northern Ireland is referred to in accordance with Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community of 24 March 2023, OJ L 102, 17.4.2023, p. 87.

[^E0002]: Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012 (OJ L, 2024/1143, 23.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1143/oj.

[^E0003]: Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753, OJ EU L, 2023/2411, 27.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2411/oj.

[^E0004]: Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

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