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To give customs the power to detain and seize counterfeit products, a brand owner must file a form known as the ‘Application for Action' (AFA). There are two different forms:
This is submitted in a particular EU Member State requesting its national customs authorities to take action in that Member State. We would apply for a national application for the UK, which means that only UK customs authorities will be able to take action to prevent the importation of suspected counterfeit goods at UK customs ports.
This is submitted in an EU Member State (in this case it would be the UK) requesting the customs authorities of that Member State and the customs authorities of one or more other Member States to take action in their respective territories to prevent the importation of suspected counterfeit goods.
The right holder can rely on a variety of IP rights including (but not limited to) registered designs, trade marks and patents.
Once the type of AFA is selected we would:
The typical cost for drafting the AFA and obtaining further information from the right holder is likely to be between £1,000 to £1,500 (plus VAT) assuming that the information required is easily provided by the right holder.
Once an AFA has been granted, it is important to be proactive and feed any information about suspected counterfeit/lookalike goods to the relevant customs authorities. This will help enable them to intercept the suspected shipment.
We assist brand owners with raising their profiles with customs and other law enforcement officers by attending various conferences, providing training days for them, and proactively supporting their activities through conducting investigations into alleged infringing activities and then passing the information on to customs and other law enforcement officers. With our extensive connections and network, we are able to conduct research and investigations into the UK market and elsewhere to identify where the counterfeit products are being stored/imported into and then hand such information to customs so they can detain any suspected counterfeit products.
The more information provided to customs the better, for example:
It greatly helps our efforts in combatting counterfeit goods if this information is passed to us as soon as it is available.
The more proactive a brand owner is, the more likely that customs will take action and be successful.
If no objection has been filed by the importer, the legal representative will complete and submit the ‘Section B Form’ to customs requesting destruction of the detained goods.
The goods will be destroyed.
If an objection has been filed by the importer, a claim form will have to be issued at Court to ensure the detained goods are not released.
Further correspondence with the importer to secure a signed settlement agreement may follow depending on the circumstances of the infringement.
The claim is progressed to secure agreement.
If you have any questions or would like support navigating the customs process, please get in touch.
