Piracy

effective

combat.

Fakes and counterfeits cause immense damage to companies. Our team of experienced IP attorneys is already fighting the export and import of counterfeit pirated goods with the help of customs authorities.

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Pirated goods and counterfeits

Every day, an incalculable amount of counterfeit goods cross the borders of the European Union by land, air or sea. Product piracy and counterfeiting have in some cases assumed dramatic proportions against the backdrop of advancing globalization. However, rights holders are not defenceless against these developments. Customs confiscation has proven to be an effective means of combating product and brand piracy.

Counterfeit products and product piracy not only cause immense economic damage to original manufacturers, but can also be dangerous for consumers, for example in the case of counterfeit medicines. Legislators have recognized that it is often very difficult for original manufacturers to track down the people behind such counterfeits and have therefore made customs seizures an effective tool.

Customs seizure

Rechtsgrundlagen für eine Zollbeschlagnahme finden sich sowohl im europäischen als auch im deutschen Recht. Somit ist eine EU-weite Zollbeschlagnahme möglich und das EUIPO bietet hierzu passende Werkzeuge um mit allen EU-Zollbehörden zu interagieren. Die Zollbeschlagnahme ist unter anderem möglich bei Verstößen gegen Markenrecht, Patentrecht, Designrecht, Urheberrecht und vergleichbare Schutzrechte.

In simplified terms, a customs seizure consists of the following steps:

Application by the holder of certain IP rights for action by the customs authorities in one or more Member States
Automatically informing customs services about the content of the application and raising awareness among customs officials
Suspicious goods are temporarily seized in the event of anomalies and subjected to a thorough examination.
Automatic initiation of a customs procedure that enables the prompt and immediate destruction of infringing goods if the requirements are met

Customs seizure primarily involves monitoring the import and export of goods from or to the European Union. In this respect, goods transshipment points such as airports and seaports are of particular importance. The customs seizure procedure also opens up the possibility of seizing infringing goods at trade fairs.

Establishment, monitoring and implementation of customs seizure procedures

We offer comprehensive support for companies wishing to effectively protect their industrial property rights. Our range of services includes

Preparation of customs seizure applications:
We support you in the preparation and submission of applications for action by the customs authorities in the field of industrial property protection. These applications can and must be submitted online to warrant a fast and secure transfer of the application data. Applications should include information on how customs officials can distinguish counterfeits from originals.
Monitoring the process:
Once the application has been approved by the customs authorities, we continuously monitor the status and inform you of any relevant developments, in particular seizures.
Implementation of necessary measures:
In the event of a seizure, we support you in examining the goods concerned and take the necessary legal steps to protect your interests. In this context, we also check whether legal action can be taken against the recipient in the EU.

Why is a customs seizure procedure important?

Product piracy and counterfeiting cause considerable economic damage every year. By taking a proactive approach using customs seizure procedures, you can.

Minimize financial losses:
The distribution of counterfeit products is prevented, reducing sales losses.
Protect brand reputation:
The presence of inferior imitations on the market is prevented, which strengthens customer confidence in your trademark.
Ensure legal compliance:
By working with customs authorities, you ensure compliance with legal requirements and effectively protect your laws.

Our expertise – your advantage

Our law firm has many years of experience in cooperating with the customs authorities in the seizure of pirated goods and in taking legal action against the commercial recipients. You benefit from:

Legal expertise:
We have been involved in customs seizure proceedings for our clients for many years, working together with the customs and law enforcement authorities.
International network:
Thanks to our worldwide network of specialized IP lawyers, we can also effectively enforce your laws in the event of cross-border infringements or seizures in other EU countries.
Individual support:
We develop customized solutions that take into account your specific creative and economic needs and work with you to develop strategies for effectively identifying and confiscating pirated goods.
Success-oriented action:
Our aim is to effectively and sustainably enforce your intellectual property rights with the help of customs and law enforcement authorities and, as a result, to reduce or completely stop the import of counterfeits.