Customs Seizure for Counterfeiting: What Are Your Legal Remedies?
When goods are suspected of being counterfeit, customs authorities may proceed with an immediate physical detention. This measure is part of a strict legal framework under customs law, which triggers a strategic countdown for all parties involved.
Notification: The First Step of the Procedure
Once the seizure has taken place, customs must notify two main parties:
- The holder of the intellectual property rights (e.g., trademark owner, patent holder, or copyright holder)
- The declarant, recipient, or owner of the seized goods
The notification includes several key elements: a detailed description of the detained goods, the legal basis for the measure, and a 10-working-day period in which to respond.
The 10-Day Deadline: A Decisive Period
This 10-day period begins from the date of notification and marks a critical phase of the process. It allows the rights holder to determine how to proceed:
- If a legal action for counterfeiting is initiated before a court, the seizure is maintained until a judgment is issued.
- If the rights holder requests simplified destruction of the goods, the owner has 10 days to formally object. If no response is received, destruction may proceed without court intervention.
What Can the Owner of the Seized Goods Do?
The owner or recipient of the goods has several options to defend their position. They may contest the measure, provide documentation proving the lawful origin or authenticity of the products, or seek a negotiated resolution. In practice, the owner can:
- Submit a written objection to customs
- Provide evidence of the legitimate origin of the goods
- Negotiate an amicable settlement (e.g., voluntary destruction, regularization, abandonment)
- Prepare a legal defense if litigation is initiated
Possible Outcomes of the Procedure
There are three possible ways the customs seizure may end:
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A legal proceeding is initiated within the deadline, and the seizure continues until the court rules.
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No legal action is taken, and the seizure is automatically lifted once the deadline expires.
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An amicable agreement is reached between the parties (commonly destruction or abandonment of goods), which brings the procedure to a close without court intervention.
REGERE Avocats: Strategic Support in Urgent Situations
In these urgent and complex matters, taking the right steps quickly is essential. REGERE Avocats, specialists in customs law and counterfeiting litigation, can assist you in:
- Reviewing the legality of the customs procedure
- Challenging the counterfeiting allegation, if disputable
- Defending your interests, through negotiation or litigation
Facing a customs seizure? Time is not on your side.
Contact us now to protect your rights and secure your position.