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As of 15 September 2020 (today), rights holder and legal representatives who need to submit a new customs application for action (AFA) or to amend/extend their existing ones must obtain an EORI number (Economic Operators Registration and Identification number), if they don’t have one yet, and mention this number in the application forms. The same obligation applies for requests for extension of existing AFAs submitted as of 15 September 2020.

The EORI number is a unique identification number assigned by a customs authority to an economic operator and used in customs-related activities around the EU. This number is now mandatory according to the new Commission Implementing Regulation (EU) 2020/1209 of 13 August 2020 amending Implementing Regulation (EU) No 1352/2013, establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of IPRs.

Users of the IP Enforcement Portal will be guided by the Portal to file their AFAs electronically and will be shown where exactly they need to add the EORI number. Detailed instructions will soon be available in an updated step-by-step user guide to the Portal. In order to find out how to request the EORI number in your Member State, please consult the European Commission dedicated page. If you want to receive more information on including the EORI number in an AFA, please consult the European Commission page on how to defend your rights.

To further explain the EORI number and its inclusion in the AFAs, the EUIPO is organising a webinar on 6 October 2020 with the cooperation of the European Commission.

Within ECTA the Anti-Counterfeiting Committee (ACC) is following closely issues related to customs and IP rights. If you wish to join the ACC, do not miss the ECTA General Committee Elections upcoming next January!
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