Customs detention (IP)

Customs detention for intellectual property is a procedure whereby customs authorities suspend the release or detain goods suspected of being counterfeit at EU borders.

The legal framework is EU Regulation 608/2013 which allows two types of intervention:

At the rights holder's request: the rights holder files an Application for Action (AFA) with customs, valid for 1 year and renewable. Any suspect goods are then detained and the rights holder is notified.
Ex officio: customs officers may detain suspect goods on their own initiative, even without a prior AFA.

The post-detention procedure:

Notification to the rights holder and the declarant/holder (3 working days)
The rights holder must confirm counterfeiting within 10 working days
Simplified procedure: if the holder does not object, goods are destroyed without court action
Judicial procedure: if the holder objects, the rights holder must initiate infringement proceedings

This procedure is a powerful and free tool for rights holders. In 2024, EU customs detained over 86 million counterfeit articles.

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