Counterfeiting and piracy
Regulation (EU) No 608/2013 authorises Customs to stop, upon application by the right- holder, consignments from non-EU countries of any goods suspected of infringing intellectual property rights (a trademark or patent, for example). The right-holder is then given the opportunity to examine the goods in question. Where the suspicion of a property right violation is corroborated, action can be taken to prevent the import of the infringing goods.
Under certain conditions, Customs action can be initiated in connection with postal and courier services as well.
Action in special cases
In addition, national legislation on the protection of property rights provides that an application can be lodged (for example, in accordance with Section 146 of the Act on the Protection of Trade Marks and other Symbols) for Customs to seize parallel imports.
Where the holders of an indication of geographical origin - normally an association - become aware that a business located outside that geographical region makes use of the geographic indication in question, they can, in cooperation with the customs authorities, prevent that such "deceptive packaging" ends up in the European market.
More information on legal bases and procedure
