Menu di The fight against counterfeiting
- Counterfeiting and protected rights
- Legislation and practice
- Application For Action - AFA - for the enforcement of intellectual property rights
- Law enforcement: the role of the Customs Agency
- Databases supporting the investigative process
- Competent directorates in the fight against counterfeiting
- Useful Web links
Online applications for action
FALSTAFF implements a strategy to fight counterfeiting based on the opportunities offered by the "network" and benefiting from the active cooperation of all the parties involved in various ways in the fight against counterfeiting.
FALSTAFF receives the multimedia data provided by the companies together with the applications for action and makes them available, in real time, to customs officials to help them identifying counterfeit products and products that do not comply with the quality and safety standards required by Community legislation.
In order to ensure greater effectiveness and efficiency of the action for the enforcement of intellectual property rights required by their holders and, in accordance with the need for streamlining and simplification of administrative procedures, the Agency implemented a service aimed at completing and submitting online applications for action.
Recourse to the service by entitled parties simplifies and reduces the costs associated with the submission of the application and, consequently, the updating times of the database of the products to be protected, allowing to increase the quality level of the data and helping the Agency officials to carry out more effective controls.
The application for action may be submitted by the persons indicated in art. 3 of Regulation 608/2013, in so far as they are entitled to initiate proceedings in order to determine whether an intellectual property right has been infringed in the Member State (s) in which the customs authorities are invited to take action.
In compliance with the provisions of article 5.6 of the aforementioned regulation, the service offered by the Agency allows the online compilation and transmission of applications, according to the provisions regulating the conditions and the technical procedures for the submission via the Servizio Telematico Doganale (Customs Electronic Service) of customs documents.
In particular, the procedure allows the acquisition, transmission, updating, renewal and consultation of national and Union applications
Letter no. 116727 of 18 October 2016 - Action by the customs authority against goods suspected of infringing intellectual property rights. Regulation (EU) no. 608/2013. Implementing Regulation (EU) No. 1335/2013. Operational instructions for handling Applications For Action – AFA.
Letter no. 22965 of 28 February 2014 - Regulation (EU) No. 608/2013 of the European Parliament and of the Council of 12 June 2013 and related Commission Implementing Regulation (EU) No. 1352/2013 of 4 December 2013. Circular letter 24/D of 30 December 2013. FALSTAFF Project - On-line transmission of applications for action.
Access to the application
The application may be accessed by logging in to the Servizio Telematico Doganale.
The persons authorised to use the Servizio Telematico may request to modify their authorization according to the instructions in the information sheet: " Modifiche alle autorizzazioni al Servizio Telematico Doganale - Modifications to the authorizations to use the Servizio Telematico Doganale", by selecting the appropriate box in the modification form under "Fight against Counterfeiting".
The persons not yet authorized must necessarily request the authorization to use the Servizio Telematico Doganale, and tick - when filling in the application - the appropriate box in section 2 (Documents to be transmitted and type of user) of the form "Fight against Counterfeiting".
The application is accessed via the portal “AIDA - Servizi per l’Interoperabilità” by entering the credentials and selecting " Istanze on line – Online applications".
On first login only, the user must sign up to Servizio Telematico. When selecting the button "Sign up to the Services" a menu is displayed in the top right corner, called "Available services" where only the button "Electronic services” may be selected.
Submission, amendment, extension, consultation of the AFA, processing of a PRE-AFA
The operating instructions for the correct use of the application for the presentation, amendment, extension or consultation of one’s own AFA as well as the processing of a PRE-AFA are contained in Letter no. 116727 of 18 October 2016 - pdf - Action by the customs authority against goods suspected of infringing intellectual property rights. Regulation (EU) No. 608/2013. Implementing Regulation (EU) No. 1335/2013. Operational instructions for handling Applications For Action- AFA