Based on information provided to them by rights owners, customs authorities in EU countries will look out for and detain goods that they suspect, for example, of being counterfeit.
After any suspicious goods are detained, customs send information about the detained goods to the owner of the rights. The owner can then determine whether the detained goods are genuine. If the detained goods are not genuine, a “simplified procedure” exists whereby consent to the destruction of the goods can be sought from the importer. If consent is given or not expressly withheld by the importer, the detained goods can be destroyed. If consent is expressly withheld by the importer, a Court order can be sought for the destruction of the detained goods. This simplified procedure is designed to operate within a matter of days of the goods being detained.
The law governing this customs procedure is changing in January 2014. Changes include an expansion of the types of IP rights that can be recorded with customs, an extension of the simplified procedure for destruction of goods, and a new procedure relating to the destruction of small consignments of infringing goods.
This system is a valuable weapon for owners of IP to combat, in a practical manner, the traffic in counterfeit goods. Carpmaels is experienced in working with customs within this system. We can advise you at every step of the process, including registering your rights with customs, liaising with you and customs when suspicious goods are detained, contacting the importer of the goods to secure consent to destruction of infringing goods where appropriate and, if necessary, obtaining a Court order to destroy the infringing goods.