The Protection of Trademarks in the Digitization Process upon the Products’ Entry into the EU Common Customs Area: The Role of Customs Administration

The protection of industrial property rights in the digital economy era is of particular importance because the digital economy increases the risk of trading pirated and counterfeit goods. The aim of this publication is to present the role of customs authorities in trademark protection of a product upon its entry into the EU common customs area. Customs authorities usually work as the first line of defence in the protection of property rights against an illegal entry which could further enable their retail distribution. Actions taken by customs authorities often require cooperation with the police, the border guard, the road traffic inspectorate, and foreign customs authorities. Customs authorities of individual Member States, including Polish customs officers, implement uniform EU customs law, which regulates the general rules and procedures applicable to goods (but not to services) lawfully introduced into the EU customs area. Cultural objects are here treated as items not subject to the principle of free movement of goods – they require clearance by cultural authorities and customs services.