The role of customs

Her Majesty's Revenue and Customs (HMRC) operates under an European Community Regulation (EC 1383/2003) applying to goods infringing intellectual property rights being imported or exported or in transit across the external borders of the European Community.

This regulation is based on the international standards set in the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). This means that Customs authorities overseas may well have similar procedures.

For counterfeit and pirate goods, goods infringing rights in designs and patents and some other Intellectual Property (IP) rights you can lodge an application with the customs authorities asking that the goods may be detained at the external frontier, which can be in any Member State. Information on this and the Forms for contacting the other European customs can be found on Her Majesty's Revenue and Customs web site External Link.

The EC Regulation works in a similar way in all Member States; goods being imported may be intercepted there if the Rights Holder has an application for protection in place with the relevant customs authorities.

In order to be effective the customs authorities need as much information as possible to assist targeting infringing goods. This would include details of your legitimate supply chains, how genuine goods are imported or made with the consent of the rights holder and any intelligence on counterfeiting of your products you may hold.

It should be noted that once goods have been entered for free circulation within the single market, it is not possible to ask the United Kingdom (UK) customs to detain them as they enter the UK from another EEA country.

You should be aware that it will be necessary to help Customs by providing technical advice regarding the products covered by your IP rights, and, where goods are intercepted, a witness statement confirming that the goods are infringing if appropriate.

When you apply for IP protection you will also be required to indemnify customs in respect of any costs they incur in acting on your application. For example costs for storage and destruction of infringing goods.

Further advice can be obtained from the Customs IP Team 01702 367260.

Enforcement Aide Memoire (professional section)Diploma in Consumer Affairs and Trading Standards (DCATS) (professional section) HM Revenue and Customs External Link