customs administration of the republic of · pdf filecustoms administration of the republic of...

6666----7777thththth Septemeber 2011, Septemeber 2011, Septemeber 2011, Septemeber 2011,

BelgradeBelgradeBelgradeBelgrade

CUSTOMS ADMINISTRATION OF THE REPUBLIC OF MACEDONIACUSTOMS ADMINISTRATION OF THE REPUBLIC OF MACEDONIA

INTER-REGIONALSYMPOSIUM

ENFORCEMENT OF INTELLECTUALPROPERTYRIGHTS

Metodi MICEVSKI, Assistant Director

About the MCAAbout the MCAAbout the MCAAbout the MCAAbout the MCAAbout the MCAAbout the MCAAbout the MCA

Symposium on Enforcement of Intellectual Property Rights, 6-7 September 2011, Belgrade

MINISTRY OF FINANCE

CUSTOMS ADMINISTRATION

HEADQUARTERS

5 REGIONAL

CUSTOMS HOUSES

LegalLegalLegalLegal BasisBasisBasisBasis

IPR ProtectionIPR Protection

Law on Customs Administration

Customs Law


Law on customs measures for protection of intellectual property rights

Regulation for implementation for Law on customs measures for protection of intellectual property rights

Guidelines for enforcement of the Law on customs measures for IPR protection

Adopted Strategy on IPR protection


National legislation is completely harmonized with:

• TRIPs Agreement

• EU Regulation EEC no.1383/2003, 1891/2004


import, export, re-export, transit, customs warehousing, inward processing, processing under customs supervision, temporary importation, placing the goods in the free zone or free warehouse



MCA has received a total of 296 requests to undertake

measures to protect IPR upon which the decisions have

reached to confirm them with the validity of 1 year.

The customs offices are immediately informed of every

decision, as well as of the relevant information on particular

trade mark. Whenever there are goods that rise the

suspicion on violating the IPR the customs offices

temporarily seize the goods, and simultaneously via the

Department for non-tariff measures, the right holders are

informed to conduct the procedure within 10 days:

• simplified procedure, or

• procedure at the competent court.




Right holders have to execute the following procedures:• To request for simplified procedures, in writing, to which is attached the previously granted approval form the importer or the person in possession of the goods that the goods are falsified and a agreement on their destruction • To initiate a court proceeding. In that case one copy of the initiation that has been submitted to the court is delivered to the MCA• Notification hat the goods do not violate the IPR




From the practice of enforcing the Legislation:

• it is specific that the obligation to inspect the

seized goods and to make a statement weather

the goods are originals or counterfeit is not

prescribed, and so there is no penalty

envisaged for the right holders

• the right holders are not very interested when

the shipments are of small quantities, mostly

because of the expenses that might appear for

their destruction





Special Unit established

Database created (WCO CEN Database)

IPR coordinators in 5 Regional Customs Houses

OrganizationOrganizationOrganizationOrganization

Risk analysis and special database-INTEL

Single Window System introduced



IPR Protection –High priority for the Customs Administration

Participation in CBIPR (Coordinative body for IPR composed of the representatives from Ministry of Interior, Ministry of Culture, State Market Inspectorate, Ministry of Economy, Ministry of Information Society, Customs Administration, Ministry of Justice, State Office of Industrial Property, Public Revenue Office and the Secretariat for European Integrations)

Memoranda on cooperation with State Industrial Property Agency (SAIP), Ministry of Culture, Chambers of Commerce and other state and non-government organizations

CooperationCooperationCooperationCooperation

Support by the business community and citizens

Results presented at the web site www.customs.gov.mk



MCA Basic AssumptionsMCA Basic AssumptionsMCA Basic AssumptionsMCA Basic Assumptions

Adopted Strategy on risk management

Established Committee on risk management

Adopted Risk Management Committee’s Rules of procedures

Established Committee on control and security

Adopted Strategy on IPR protection

Adopted Strategy on preventing tobacco products smuggling



MCA Basic AssumptionsMCA Basic AssumptionsMCA Basic AssumptionsMCA Basic Assumptions

Established Market surveillance Coordinative body

Signed MoU between agencies participating in the Market surveillance Coordinative body Established Committee on risk management

Drafted Guidelines on implementation of the Law on market surveillance

Drafted Guidelines on the classified information




Four X-Ray scanners for large vehicles and containers in function



Campaign for raising the public awareness against production, distribution and use of counterfeits and pirate goods



IPR ProtectionIPR ProtectionResultResultResultResultssss

Cosmetics and perfumes

Sports shoes and equipment

Mobile phone spare parts

Clothes

Automobile spare parts

CD and DVD



YearRequests for

IPR protection

2007 146

2008 199

2009 250

2010 223

2011 -June 233

Requests for IPR ProtectionRequests for IPR ProtectionRequests for IPR ProtectionRequests for IPR Protection

Request for IPR Protection

0

50

100

150

200

250

300

2007 2008 2009 2010 2011 (Jan-June)



ResultsResultsResultsResults

Year CasesNumber of pieces /

destruction

2007 325 1.600.000 / 924.577

2008 173 983.300 / 229.705

2009 130 1.060.000 / 70.000

2010 131 372.000 / 56.000

2011 (Jan-June)

56 262.135

45% in transit (destination Kosovo),

55% goods declared for free circulation in Macedonia

ORIGIN and ROUTS:

• China (75% of the goods) usually came through the port

in Thessalonica -Greece.

• United Arab Emirates and

Turkey, mainly transported by

trucks with Turkish license

plates, had different transport

routes through Turkey,

Bulgaria, Macedonia and/or

Kosovo



Results (JanuaryResults (JanuaryResults (JanuaryResults (January----June 2011)June 2011)June 2011)June 2011)52.000 pieces textile goodsGUCCI, DIESEL, ADIDAS, PUMA, NIKE, CALVIN

KLAIN, REPLAY, D&G, VERSACE, TOMMY

HILFIGER, G-STAR, LEVIS, LACOSTE, ARMANI



Results (JanuaryResults (JanuaryResults (JanuaryResults (January----June 2011)June 2011)June 2011)June 2011)

2.240 pieces of cosmetic productsCHRISIAN DIOR, HUGO BOSS,

CHANEL, VERSACE, LACOSTE,

BULGARI, ARMANI, TOMMY HILFIGER;




13.690 pairs of sunglasses and accessoriesRAY BAN, ARMANI, CHANEL,

VERSACE, DIESEL




3.700 pieces of automobile emblemsBMW, MERCEDES, OPEL, FORD, SEAT, RENAULT




13.300 pieces of sports shoes and equipmentPUMA, ADIDAS, REEBOK, NIKE




25.900 pieces of Gillette



International AcknowledgementsInternational AcknowledgementsInternational AcknowledgementsInternational Acknowledgements

2007 - MCA ranked 7th for number of seizures in the

world by the WCO

2009 - MCA awarded with the 1st prize - Yolanda

Benitez WCO Trophy, in competition of 174

Customs Administrations Members of the WCO



Destruction 2011Destruction 2011Destruction 2011Destruction 2011

8.000 textile goods,

54.000 labels,

130.000 PVC bags, 7.000 sports equipment, 620

radio/CD/player, 18.000 kg detergentI



Enforcement (Communication & Enforcement (Communication & Enforcement (Communication & Enforcement (Communication & Coordination)Coordination)Coordination)Coordination)

External portal for electronic submission of specified requests in the EDMS of MCA

Regulated by Regulated by Regulated by Regulated by guidelines and user guidelines and user guidelines and user guidelines and user manuals of MCA manuals of MCA manuals of MCA manuals of MCA

Under development Under development Under development Under development electronic signature electronic signature electronic signature electronic signature and new and new and new and new functionalitiesfunctionalitiesfunctionalitiesfunctionalities




Under development new Intelligence databases - TRIPS

South-East European messaging system: SEMS

Created byCreated byCreated byCreated by AIDCO (European AIDCO (European AIDCO (European AIDCO (European Commission Commission Commission Commission ---- Europe Aid CoEurope Aid CoEurope Aid CoEurope Aid Co----ooooperation) peration) peration) peration) andandandand CAFAOCAFAOCAFAOCAFAO

SEMS SEMS SEMS SEMS servicesservicesservicesservices: : : : collection, collection, collection, collection, processing and exchange of processing and exchange of processing and exchange of processing and exchange of intelligence and risk analyses intelligence and risk analyses intelligence and risk analyses intelligence and risk analyses information on passengers, information on passengers, information on passengers, information on passengers, goods, vehicles goods, vehicles goods, vehicles goods, vehicles

Adopted User Manual on SEMS Adopted User Manual on SEMS Adopted User Manual on SEMS Adopted User Manual on SEMS and Guidelines on SEMS and Guidelines on SEMS and Guidelines on SEMS and Guidelines on SEMS (October 2010)(October 2010)(October 2010)(October 2010)




Prepared Guidelines on the risk analyses department

Under preparation establishment of risk analyses units at regional customs houses

New Guidelines on internal controlling systems

Under preparation identification of risks, inspection methods and tools for: postal traffic, railways traffic, fast currier, air traffic, land and lake traffic




Introduced module for risks management at border crossing customs posts

Collection of Collection of Collection of Collection of information on the information on the information on the information on the results of the results of the results of the results of the controlscontrolscontrolscontrolsRisk profiles Risk profiles Risk profiles Risk profiles managementmanagementmanagementmanagement

Searching in the Searching in the Searching in the Searching in the databases on risk databases on risk databases on risk databases on risk indicators, customs indicators, customs indicators, customs indicators, customs offences, seized goods, Central list of offences, seized goods, Central list of offences, seized goods, Central list of offences, seized goods, Central list of suspicious entitiessuspicious entitiessuspicious entitiessuspicious entitiesAdopted User manual for operation with the risk Adopted User manual for operation with the risk Adopted User manual for operation with the risk Adopted User manual for operation with the risk management module at the border crossings management module at the border crossings management module at the border crossings management module at the border crossings (October 2010)(October 2010)(October 2010)(October 2010)




Systematic electronic exchange of data –SEED in function

In 2010 signed In 2010 signed In 2010 signed In 2010 signed Protocols on SEED Protocols on SEED Protocols on SEED Protocols on SEED

with Serbia, with Serbia, with Serbia, with Serbia, Kosovo and AlbaniaKosovo and AlbaniaKosovo and AlbaniaKosovo and Albania

SEEDSEEDSEEDSEED servicesservicesservicesservices: : : : bilateral exchange of bilateral exchange of bilateral exchange of bilateral exchange of information on information on information on information on transit within transit within transit within transit within Western BalkansWestern BalkansWestern BalkansWestern BalkansSEEDSEEDSEEDSEED 2 in progress: 2 in progress: 2 in progress: 2 in progress: automated electronic automated electronic automated electronic automated electronic discharging of discharging of discharging of discharging of transit within transit within transit within transit within western Balkanswestern Balkanswestern Balkanswestern BalkansAdopted Guidelines on Adopted Guidelines on Adopted Guidelines on Adopted Guidelines on SEED and User manual SEED and User manual SEED and User manual SEED and User manual on SEED (October on SEED (October on SEED (October on SEED (October 2010)2010)2010)2010)




Further improvement of the management information system-MIS

ServicesServicesServicesServices: : : : collection, collection, collection, collection, analyses of analyses of analyses of analyses of the data on the data on the data on the data on activities of activities of activities of activities of the border the border the border the border crossing crossing crossing crossing customs posts customs posts customs posts customs posts an reports an reports an reports an reports (traffic of (traffic of (traffic of (traffic of different different different different types of types of types of types of vehicles, vehicles, vehicles, vehicles, passengers, passengers, passengers, passengers, controls controls controls controls etc.)etc.)etc.)etc.)




Development of Electronic risk analyses system - RAS

Consolidation of the risk analyses systems for safety and quality control and other controls with customs declaration processing system - CDPS

Processing of all risk criteria (for customs, safety, quality and other purposes) at first entrance of data on imports

Further reduction of the temptations for corruption and improved quality of the control





RAS will produce a clear systemic information on: who, what, when and how will inspect the shipment, 24/7

Further reduction of the temptations for corruption and improved quality of the control

RAS will integrate existing IT systems (EXIM, CDPS, EDMS, TRACES, ISIGU..)

RAS will provide interfaces for structured submission of high risk information and profiles





Border control of Border control of Border control of Border control of the the the the

goods:goods:goods:goods:

1.1.1.1.Customs Customs Customs Customs administrationadministrationadministrationadministration

2.2.2.2.Veterinary and Veterinary and Veterinary and Veterinary and food Inspectionfood Inspectionfood Inspectionfood Inspection

3.3.3.3.State sanitary State sanitary State sanitary State sanitary and health and health and health and health inspectorateinspectorateinspectorateinspectorate

4.4.4.4.State State State State inspectorate for inspectorate for inspectorate for inspectorate for agricultureagricultureagricultureagriculture

Domestic market Domestic market Domestic market Domestic market

control:control:control:control:

1.1.1.1.State market State market State market State market InspectorateInspectorateInspectorateInspectorate

2.2.2.2.Bureau for Bureau for Bureau for Bureau for medicine medicine medicine medicine

3.3.3.3.Bureau for Bureau for Bureau for Bureau for metrology metrology metrology metrology

4.4.4.4.State State State State environmental environmental environmental environmental inspectorateinspectorateinspectorateinspectorate





RAS Working Group established by the Government in July 2010

Initial Project Plan adopted by the Government in October 2010

RAS Elaborate adopted by the Government in January 2011

Under preparation functional specification and identification of the business processes


ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTSENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

THANKTHANKTHANKTHANKYOUYOUYOUYOUMetodi MICEVSKI,

Assistant DirectorCustoms Administration of the Republic of Macedonia

Tel:++ 389 70 276 324E-mail: [email protected]

customs administration of the republic of · pdf filecustoms administration of the republic of...

Documents