Publication date: January 06, 2025
Introduction
The modern economy based on knowledge and innovation makes intellectual property rights (IPR) a key element in protecting the interests of creators, inventors, and entrepreneurs. Infringement of these rights by illegally introducing counterfeit goods to the market poses a serious threat to both fair competition and consumer safety. The European Union has introduced systems aimed at detaining such goods at the time of their attempted import into the Community, which is regulated by detailed legal provisions, as well as procedures related to the protection of intellectual property rights. This article discusses the mechanisms for detaining goods suspected of infringing IPR, with particular emphasis on the legal regulations in force in the European Union.
Legal basis for the protection of intellectual property rights in the European Union
The protection of intellectual property rights in the European Union is regulated by a number of legal acts, including regulations, directives, as well as national laws of the Member States. In particular, the key legal act concerning the detention of goods suspected of infringing IPR is Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 on the enforcement of intellectual property rights by customs authorities (the so-called IPR Enforcement Regulation). This regulation provides the basis for the actions of customs authorities, enabling them to detain goods that may infringe intellectual property rights, such as patents, trademarks, copyrights, industrial designs or geographical indications. This is a legal act that indicates the procedures for customs officers to follow, as well as cooperation with rights holders in the area of protection against the introduction of goods infringing these rights to the EU market. In Poland, these issues are additionally supported by national regulations, such as the Act of 30 June 2000 – Industrial Property Law. Regulation 608/2013 is complemented by the regulations contained in the EU Customs Code, which defines the general procedures and obligations of customs officers when checking goods. In the international context, the EU is also a signatory to the World Trade Organization (WTO) agreements, which oblige Member States to comply with high standards of intellectual property protection.
Goods detention procedure
In case of suspicion of a breach of the IPR, EU customs authorities may take action either at the request of the rights holder or on their own initiative. The procedure consists of several key stages:
The holder of intellectual property rights can file an application for action by customs authorities. This application is verified in terms of form and substance, and if the decision is positive, protection is granted for a period of one year. This is a key stage in the procedure of detaining goods, because only if customs authorities receive the relevant information can they take further action.
If during customs inspection, customs officers find a suspicion of a violation of the IPR, they may detain the goods without a prior request. In a situation where customs officers have a reasonable suspicion of a violation, they detain the goods at the appropriate port, terminal or other place of introduction of goods to the European Union market.
Once goods are detained, customs authorities notify both the rights holder and the owner of the detained goods. The rights holder is informed of the detention and has the option of submitting the goods’ owner’s consent to the destruction of the goods or, in the absence of such consent, the rights holder has the option of initiating legal proceedings to establish the infringement.
If both parties agree, the goods can be destroyed under the supervision of customs authorities. This procedure allows avoiding lengthy and costly legal proceedings. It is worth noting that the destruction of goods is carried out at the expense of the importer or owner of the goods who introduced them to the EU market. In special cases, if the goods are not covered by any intellectual property rights, their detention will have no legal basis and the goods will be returned to their owner.
Cooperation between customs authorities and rights holders
The effectiveness of customs actions depends largely on close cooperation with rights owners. Providing detailed information about protected products, their marking methods and potential methods of counterfeiting allows customs authorities to identify violations more quickly and effectively.
Categories of protected rights
The Regulation covers the protection of a wide range of intellectual property rights, such as:
The importance of IPR protection for the EU market
Counterfeit products pose a significant threat to the European economy. According to data from the European Union Intellectual Property Office (EUIPO), counterfeiting generates annual losses of tens of billions of euros[1]. In addition, these goods often do not meet safety standards, which exposes consumers to health or financial risks.
The importance of the Electronic Tax and Customs Services Platform (PUESC)
In Poland, since 3 October 2024, applications for taking action in the field of protection of intellectual property rights are submitted exclusively electronically via the Electronic Services Platform of the Treasury and Customs (PUESC). As a result, the application process has become more automated, and entrepreneurs have easier access to customs authorities. The PUESC platform provides a fast and secure way of communication between rights owners and the tax administration, thus enabling more effective detention of goods infringing IPR.
Summary
Detaining goods suspected of infringing intellectual property rights when they are introduced to the European Union market is an important tool in the fight against unfair competition, counterfeiting and piracy. These procedures effectively protect the interests of creators, inventors and entrepreneurs, while protecting consumers from dangerous or low-quality products. Thanks to regulations such as Regulation 608/2013, customs authorities in the EU have the right tools to detain goods, and rights holders can effectively pursue their interests. Cooperation between rights holders and customs and tax authorities is crucial to prevent the introduction of goods infringing intellectual property rights to the market.
[1] https://www.euipo.europa.eu/pl/news/counterfeit-goods-cost-eu-industries-billions-of-euros-and-thousands-of-jobs-annually