SSS · Anti-Counterfeiting

How does customs detention work?

Once your rightholder recordal is in place, customs stops a suspicious shipment and notifies you. Within the time limit you either go to court for an interim measure or run the simplified d…

Updated · July 20261 min readCategory · Anti-Counterfeiting
Short answer

After the rightholder recordal, customs stops a suspicious shipment and notifies you; within the time limit, the litigation/interim-measures route is pursued or the simplified destruction procedure is applied. The recordal sets up an automatic radar at the border.

Once your rightholder recordal is in place, customs stops a suspicious shipment and notifies you. Within the time limit you either go to court for an interim measure or run the simplified destruction procedure. The recordal is what sets up an automatic radar at the border.

The deadlines set the rhythm. As a rule a court injunction has to be produced within ten working days of the detention notice — shorter for perishable goods — and if it is not, the goods are released. The rightholder application itself is valid for a year and is then renewed. Recording your trade mark with customs in advance is what makes that clock run in your favour rather than against you.

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