3 Important Questions About Customs Seizures You Need to be Answered

Product and brand piracy also referred to as counterfeiting, is a serious act of violation. To shield your revenues on the European market and to safeguard your business against counterfeiting, you should apply for customs seizures. They stand out as an effective measure to get a hold of people who steal your ideas and use them to improve their business. Look at the answers to some really important questions around seizures to grasp an effective method to protect your ideas and products.

 1.     What Exactly Are Customs Seizures?

Customs or cash seizures are a foolproof, unambiguous method to wage a fight against patent, trademark, and design infringing products at an early stage. This method is relevant when IP-infringing products from non-EU countries shall be imported into the EU and the owner is looking forward to selling or exhibiting them at the fair. At the borders European, respectively German customs take action and retain goods that they suspect of infringing registered IP rights.

2. How Are Customs Seizures Carried Out?

During an inspection, customs pick up the goods they are suspicious about. Then the rights holder:

1.     is notified by customs that the suspicious goods have been retained. The rights holder is further informed about the defined period in which he/she has to take further actions

2.     can inspect, review, and check the goods for infringements

3.     informs customs if the retained goods are infringing any of his registered IP rights and if they want to conduct any follow-up

4.     can, at the same time, apply for the desolation of the IP-infringing goods

Hint: Do not forget to apply for some samples to be sent after the discovery so your company can cross-check for possible infringements. But unfortunately, you can’t ask for samples if the affected IP is not a trademark or copyright.

 3. Are there Any Relevant Preconditions? And How Can I Apply?

German customs authorities can seize goods if only you as the rights holder apply for the same.

European customs can take action on spec without an actual application having been submitted. But nonetheless, the application ought to be filed subsequently within a particular frame of time customs will tell you. An actual seizure is carried out afterward.

Under exceptional circumstances, even German customs can take action with or without an application.

Do provide the information with your application as mentioned below:

●      The name and number, along with the certificate of your registered IP right you as the rights holder are mentioning about

●      Complete information about distinguishing features of your original products, so that customs can react because they know what exactly they have to look for

●      Information about important features of potentially infringing products

Hint: There are some other constituents that you can add to your application. For instance, you can allow customs to report further information about the owner, provider, and distribution of the goods. These additional constituents can make customs seizures more sustainable and rewarding.

Block Product & Brand Pirates Before They Use Your Ideas for Betterment of Their Business

Customs seizures stand out as a sure shot means to put a stop to the import of patent, or brands into the EU or to Germany. But this isn't enough! A smart and sustainable IP strategy ought to be part of the game, maximizing the safety to your IP at an even earlier stage.