applicant — the person or entity in whose name an application is submitted (12)

application — a request made to the competent customs department for customs authorities to take action with respect to goods suspected of infringing an intellectual property right (9)

counterfeit goods — goods which are the subject of an act infringing a trade mark in the Member State where they are found and bear without authorisation a sign which is identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark; goods which are the subject of an act infringing a geographical indication in the Member State where they are found and, bear or are described by, a name or term protected in respect of that geographical indication; any packaging, label, sticker, brochure, operating instructions, warranty document or other similar item, even if presented separately, which is the subject of an act infringing a trade mark or a geographical indication, which includes a sign, name or term which is identical to a validly registered trade mark or protected geographical indication, or which cannot be distinguished in its essential aspects from such a trade mark or geographical indication, and which can be used for the same type of goods as that for which the trade mark or geographical indication has been registered (5)

customs territory of the Union — the customs territory of the Community as defined in Article 3 of Regulation (EEC) No 2913/92 (17)

declarant — borrowed from another act; this instrument states no meaning of its own (15)

design — a Community design as provided for in Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs OJ L 3, 5.1.2002, p. 1. ; a design registered in a Member State, or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property; a design registered under international arrangements which has effect in a Member State or in the Union (3)

destruction — the physical destruction, recycling or disposal of goods outside commercial channels, in such a way as to preclude damage to the holder of the decision (16)

exclusive licence — a licence (whether general or limited) authorising the licensee to the exclusion of all other persons, including the person granting the licence, to use an intellectual property right in the manner authorised by the licence (21)

geographical indication — a geographical indication or designation of origin protected for agricultural products and foodstuff as provided for in Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs OJ L 343, 14.12.2012, p. 1. ; a designation of origin or geographical indication for wine as provided for in Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) OJ L 299, 16.11.2007, p. 1. ; a geographical designation for aromatised drinks based on wine products as provided for in Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails OJ L 149, 14.6.1991, p. 1. ; a geographical indication of spirit drinks as provided for in Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical… (4)

goods suspected of infringing an intellectual property right — goods with regard to which there are reasonable indications that, in the Member State where those goods are found, they are prima facie: goods which are the subject of an act infringing an intellectual property right in that Member State; devices, products or components which are primarily designed, produced or adapted for the purpose of enabling or facilitating the circumvention of any technology, device or component that, in the normal course of its operation, prevents or restricts acts in respect of works which are not authorised by the holder of any copyright or any right related to copyright and which relate to an act infringing those rights in that Member State; any mould or matrix which is specifically designed or adapted for the manufacture of goods infringing an intellectual property right, if such moulds or matrices relate to an act infringing an intellectual property right in that Member State (7)

holder of the decision — the holder of a decision granting an application (13)

holder of the goods — the person who is the owner of the goods suspected of infringing an intellectual property right or who has a similar right of disposal, or physical control, over such goods (14)

intellectual property right — a trade mark; a design; a copyright or any related right as provided for by national or Union law; a geographical indication; a patent as provided for by national or Union law; a supplementary protection certificate for medicinal products as provided for in Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products OJ L 152, 16.6.2009, p. 1. ; a supplementary protection certificate for plant protection products as provided for in Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products OJ L 198, 8.8.1996, p. 30. ; a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights OJ L 227, 1.9.1994, p. 1. ; a plant variety right as provided for by national law; a topography of semiconductor product as provided for by national or Union law; a utility model in so far as it is protected as an intellectual property right by national or Union law; a trade name in so far as it is protected… (1)

national application — an application requesting the customs authorities of a Member State to take action in that Member State (10)

perishable goods — goods considered by customs authorities to deteriorate by being kept for up to 20 days from the date of their suspension of release or detention (20)

pirated goods — goods which are the subject of an act infringing a copyright or related right or a design in the Member State where the goods are found and which are, or contain copies, made without the consent of the holder of a copyright or related right or a design, or of a person authorised by that holder in the country of production (6)

release of the goods — borrowed from another act; this instrument states no meaning of its own (18)

right-holder — the holder of an intellectual property right (8)

small consignment — a postal or express courier consignment, which: contains three units or less; or has a gross weight of less than two kilograms. For the purpose of point (a) (19)

trade mark — a Community trade mark as provided for in Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark OJ L 78, 24.3.2009, p. 1. ; a trade mark registered in a Member State, or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property; a trade mark registered under international arrangements which has effect in a Member State or in the Union (2)

Union application — an application submitted in one Member State and requesting the customs authorities of that Member State and of one or more other Member States to take action in their respective Member States (11)

units — goods as classified under the Combined Nomenclature in accordance with Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff OJ L 256, 7.9.1987, p. 1. if unpackaged, or the package of such goods intended for retail sale to the ultimate consumer. For the purpose of this definition, separate goods falling in the same Combined Nomenclature code shall be considered as different units and goods presented as sets classified in one Combined Nomenclature code shall be considered as one unit (19)