IP RIGHTS ENFORCEMENT – The new EUIPO report on seized counterfeit goods in the European Union

On December 2023, the European Union Intellectual Property Office (the “EUIPO”) published a report on the costs of the storage and destruction of goods seized by customs officials under EU Regulation No. 608/2013 and by the police under Member States’ national legislation over a four-year period (from 2018 to 2021) (the “Report”). The Report shows that right holders spent approximately EUR 1.85 million on the destruction of three categories of goods (namely sports shoes, clothing, perfumes and cosmetics). In 2021 alone, the cost of storing seized sport shoes in Europe was EUR 42,965, although no further estimates can be made due to a lack of relevant data. Right holders are still facing critical issues, such as the lack of storage space and fluctuating storage prices, or the management of processes for the destruction of counterfeit goods, with particular reference to the types of goods (pharmaceuticals, cosmetics, counterfeit machinery) that are more difficult to destroy. The Report concludes that the lack of harmonisation of procedures between Member States increases the costs for both enforcers and right holders.

Newsletter n. 92 – January 2024