Customs intervention procedure and destruction of goods
How can customs intervene? Can goods that infringe an intellectual property right be destroyed?
The customs authorities are authorised to detain or suspend the release of goods in cases where there is a suspicion that certain goods may infringe intellectual property rights.
The customs authorities shall notify both the holder or declarant of the goods and the holder of the decision of the suspension of release or detention of the goods, informing them of the procedure for destruction of goods in Article 23 of Regulation (EU) 608/2013 and providing them with information on the quantity and nature of the goods detained.
Goods suspected of infringing an intellectual property right may be destroyed under customs control without it being necessary to determine whether an infringement of rights has taken place, where the following circumstances apply:
- that, within 10 working days of notification of the detention of the goods, the holder of the decision expresses their conviction in writing to the customs authorities that an intellectual property right has been infringed
- that, within 10 working days of notification of the detention of the goods, the holder of the decision gives their written consent to the customs authorities for the destruction of the goods
- that, within 10 working days of notification of the detention of the goods, the declarant or holder of the goods gives their consent in writing to the customs authorities for the destruction of the goods
-
The customs authorities are authorised to detain or suspend the release of goods in cases where there is a suspicion that certain goods may infringe intellectual property rights.
The customs authorities shall notify both the holder or declarant of the goods and the holder of the decision of the suspension of release or detention of the goods, informing them of the procedure for destruction of goods in Article 23 of Regulation (EU) 608/2013 and providing them with information on the quantity and nature of the goods detained.
Goods suspected of infringing an intellectual property right may be destroyed under customs control without it being necessary to determine whether an infringement of rights has taken place, where the following circumstances apply:
- that, within a period of 10 working days (3 days if the merchandise is perishable) from the notification of the retention of the merchandise, the holder of the decision expresses in writing to the customs authorities his conviction that a right of protection has been violated. intellectual property.
- that, within a period of 10 working days (3 working days if the merchandise is perishable) from the notification of the retention of the merchandise, the holder of the decision expresses in writing his consent to the customs authorities for the destruction of the merchandise.
- that, within a period of 10 working days (3 working days if the merchandise is perishable) from the notification of the retention of the merchandise, the declarant or owner of the merchandise expresses in writing to the customs authorities his consent for the destruction of the merchandise. goods. In the absence of an express statement in this regard by the declarant or the owner of the goods within these periods, the customs authorities may presume that the declarant or the owner of the goods has consented to the destruction of the goods (art.23.1 section c) of the R(EU) 608/2013)
-
The destruction of the goods shall be carried out under customs control and under the responsibility of the holder of the decision.
The customs authorities will authorize the release of the goods or put an end to their detention when, within the aforementioned deadlines, they have not received any letter from the holder of the decision expressing their conviction that a intellectual property right and your consent to the destruction, unless you have been informed that a procedure has been initiated to determine whether any intellectual property right has been violated.
When the declarant or the owner of the goods has not expressed in writing his consent to the destruction, nor has it been presumed that he has consented to the destruction, within the established deadlines, the customs authorities will immediately notify the owner of the decision. Within a period of ten working days or three working days in the case of perishable goods, counting from the date on which he was notified of the suspension of the release of the goods or their retention, the holder of the decision will initiate a procedure intended to determine whether any intellectual property right has been violated. The customs authorities will authorize the release of the goods or put an end to their retention immediately after completing the customs procedures, when within the aforementioned deadlines the holder of the decision has not informed the customs authority that it has been initiated. a procedure to determine whether any intellectual property right has been violated.
-
When the declarant or holder of the goods objects to the destruction of the goods, the customs authorities will immediately notify the holder of the decision.
Within 10 working days from the date of notification of the detention of the goods, the holder of the decision shall initiate proceedings to determine whether an intellectual property right has been infringed.
The customs authorities will authorize the release of the goods or may end their retention, when within the aforementioned period, they have not been duly informed by the holder of the decision that a procedure has been initiated in order to determine whether any rights of protection have been violated. intellectual property.
First of all, they must be merchandise considered as small shipments that, according to the applicable regulations, will be shipments by postal mail or by express shipping transport service that contain three or fewer units or have a gross weight of less than two kilograms . When a shipment includes merchandise that affects more than one decision holder , each of them will be considered independently, for the purposes of calculating units and/or weight.
The procedure for the destruction of small consignments shall apply to goods meeting the following conditions:
- being suspected of counterfeiting or piracy
- not being perishable
- being covered by an Application for Intervention
- the decision holder has requested the use of this procedure.
-
Goods suspected of violating an intellectual property right may be destroyed when, within a period of 10 business days from the notification of suspension of release or retention of the goods, the declarant or owner of the goods has expressed his or her opinion to the customs authorities. consent to destruction.
Where the declarant or holder of the goods has expressed opposition to the destruction of the goods, the customs authorities shall notify the holder of the decision, informing them of the quantity and nature of the goods. The customs authorities shall also provide the holder of the decision, upon request and where available, with the names and addresses of the consignee, sender, declarant or holder of the goods, as well as the customs procedure, origin, provenance and destination of the goods detained.
Where the declarant or the holder of the goods has not expressed his consent to the destruction of the goods or notified his opposition thereto to the customs authorities, within the period provided for in paragraph 5, the customs authorities may presume that the declarant or the holder owner of the goods has consented to the destruction of the goods.
Destruction shall be carried out under customs control and under the responsibility of the holder of the decision.
When requested by the customs authorities, the decision holder shall reimburse the costs incurred by the customs authorities, or other parties acting on behalf of such authorities, from the moment of detention or suspension of release of the goods, including storage and handling costs of the goods, as well as when corrective measures are applied, such as the destruction of the goods, without prejudice to your right to obtain compensation from the owner of the goods or other persons related to the same, in accordance with the applicable regulations