ABG’s Legal Team offers its clients legal advice on the filing of border seizure applications before the EU and Spanish customs authorities.
The filing of a border seizure application allows the holder of an IP right to benefit from a monitoring service to be rendered by customs authorities that will prevent the import and export of any goods that are suspected of infringement the intellectual property rights owned by the applicant.
The application must contain information on the identity of the holder, identification of the IP rights, evidence on entitlement, information regarding how to identify the original products and the counterfeit products, and the applicant must show its availability to appear before customs in order to confirm if the provisionally seized products are indeed infringing products. For this purpose, the applicant shall be informed on the importer’s identity and allowed to take samples and, once the infringement is confirmed, the applicant/IP right holder mush provide the customs authorities with evidence on having instituted legal proceedings against the importer. Otherwise, the provisional seizure of the goods will be lifted.
Border seizure applications may play a very successful role on an overall IP rights enforcement strategy.