Customs Seizure For IP Infringement In Practice

IP infringement is not a national phenomenon. Often infringing goods are produced abroad and imported into the European Union and into Germany, and often the owners of IP rights know neither about the infringers nor about the infringing action beforehand. Seizure of infringing goods by customs authorities is thus a powerful tool for IP right holders to stop infringing products from entering European markets.

However, it is necessary to understand the proceedings in order to determine the best strategy and to take the right decisions. And for trading companies whose goods are seized by customs for alleged IP infringement, knowing their rights and how to exercise them is vital to avoid loss of goods and business, in particular in case of misunderstandings and unjustified seizures. In this article we will therefore explain what both IP owners and traders should know about customs seizure for alleged IP right infringement.