The infringement of IP rights can have a significant negative impact on businesses and the economy at large. Counterfeit or pirated products not only harm rights holders but also market security and competitiveness.
Regulation (EU) No. 608/2013 aims to reinforce IP rights protection by enabling customs authorities to proactively prevent infringing goods from entering the EU market.
Indeed, individuals and entities with the appropriate standing — understood as those who have standing to initiate legal action to determine whether there has been an IP rights infringement — may submit a request to the competent customs service to intervene in cases of suspected IP rights violation. This procedure is triggered by an Initial Request.
In this request, which may be a national or Union-wide request, the rights holder or an authorized entity asks the customs authorities to intervene by demonstrating the suspicion of infringement and detailing the goods in question.
Once this request is approved, it is possible to request amendments to the original request as well as to extend the period of intervention by customs authorities. These requests must comply with established rules and be justified based on the evolving situation.
It should be noted that on September 13, 2024, Implementing Regulation (EU) 2024/2399 has been published, strengthening the obligation to submit (initial) requests and requests for amendments or extensions electronically, since in the Union, national portals for operators established by Member States’ customs authorities and the IP Enforcement Portal («IPEP») — the Anti-Counterfeiting and Piracy Information System («COPIS») — are already available.
These changes aim to promote better communication between rights holders and customs authorities, ensuring that relevant information is handled more efficiently and that the parties involved can more easily track the status of their requests.
Regarding the procedure, once the intervention request is granted, customs authorities can take various measures to address the suspicion of IP rights infringement. These measures include suspension of exit authorization or retention of goods, inspection, and destruction.
If the inspection confirms the infringement, in addition to these measures, the rights holder may also trigger appropriate judicial mechanisms, either civil or criminal, against the infringers.
Customs intervention represents a significant advance in the protection of IP rights within the European Union and provides rights holders with an effective mechanism to combat infringement and minimize its impacts.
has experienced lawyers in and can provide legal advice in this area.