As the consumer demand for branded products increases, the number of counterfeit and pirated products is also increasing. The products in question illegally bear names or marks which deliberately deceive the consumer as to the products’ origins and qualities.
The vast majority of infringing goods originate from non-EU countries. Since such counterfeit or pirated products enter the market, it is the responsibility of the Customs administration to monitor any illegal cross-border goods traffic.

The transport of counterfeit or pirated goods by the German Post Office (Deutsche Post AG) or by freight forwarding and courier services is therefore subject to Customs monitoring.

For the Customs administration to act there must be a suspicion of a property right violation. Such a right can only be violated in the course of trade. Trade involving the product in question may be suspected in particular where either the presentation or the consigner of the goods indicate commercial activity. Goods are seen as being used in the course of trade if they serve any first or third party business purpose.