20 October 2023

INTELLECTUAL PROPERTY RIGHTS: TRANSITION TO THE MANDATORY USE OF E-APPLICATIONS COMING TO AN END

The European Union is ushering in a significant change in the realm of Intellectual Property Rights (IPR) enforcement. Since 13 December 2021, right holders and their representatives are required to submit electronic applications for action (eAFAs) to customs through the IP Enforcement Portal (IPEP) or national portals in select Member States like Germany, Italy, and Spain. This transition to eAFAs is in line with Regulation (EU) No 608/2013, which emphasizes the use of electronic data-processing techniques for applications and attachments.

The Anti-Counterfeit and Anti-Piracy Information System (COPIS) remains pivotal, facilitating collaboration between customs authorities and the Commission in enforcing IPR. While paper AFAs are still accepted for now, 2024 marks the end of this transition phase, after which only eAFAs will be valid. Right holders and legal representatives can access IPEP to manage their AFAs, and an eAFA toolkit with training materials is available to support this shift in IPR enforcement.

For further details on accessing the IP Enforcement Portal and national portals in Germany, Italy, and Spain, rights holders and legal representatives can refer to the provided links in DG TAXUD´s news article. This development signifies a crucial step in streamlining and modernizing IPR protection at EU borders, ensuring more efficient and secure enforcement mechanisms for intellectual property rights holders.

Source: DG TAXUD