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“Before customs officials can act, the holder of intellectual property rights must file an application for customs protection under the national or EU procedure,” explained Włodzimierz Szoszuk, a senior partner at Wardyński & Partners who heads the firm’s Intellectual Property practice group. “It is a very effective tool, and the number of applications filed is rising every year. On the basis of the application, the customs authorities will seize suspicious goods and notify the right-holder or its attorney. The right-holder may then file a claim in court against the importer. An alternative provided for in Customs Regulation 1383/2003 is the simplified procedure, which authorises destruction of seized counterfeits, with consent of the importer, under customs supervision. Given the cost and duration of court proceedings, this is an effective and frequently used solution.”
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