Representation before the customs
> What is customs counterfeiting?
> Customs sanctions in the event of counterfeiting
> How to implement a request for a customs seizure?
> Be represented by an intellectual property firm before the customs authorities?
> Why call on Brandon IP to represent you?
If you are the holder of one or more intellectual property rights (patent, trademark, design, etc.), please note that it is possible to improve the protection of your inventions and rights and to fight against counterfeiting before the customs.
Brandon IP has this competence and can represent you before the customs authorities.
Our objective here is to support you in the identification and prevention of counterfeiting by third parties, especially the distribution of counterfeiting products on French or European territory. We intervene to enable customs officers to identify and intercept allegedly counterfeiting products, particularly those of our clients.
What is customs counterfeiting?
Infringement refers to the violation of an intellectual property right (patent, trademark, drawing, model…).
For example, it can include the following offences:
- the reproduction, use, affixing or imitation of a trademark that is identical or similar to the one designated in the registration, without the authorization of its holder or of the beneficiary of the exclusive right to use.
- the copying, importing or sale of a protected invention, without the consent of the patent owner.
- the total or partial reproduction of an industrial design without the authorization of the author.
- the printing of written texts, musical compositions, drawings, paintings or any other printed or engraved production in whole or in part, as well as the reproduction, representation, or distribution of an intellectual work in violation of copyright.
If no certificate of conformity is provided, the counterfeiting goods will be deemed as having been imported in violation of the Customs Code. The customs violation is evidenced via a report and the goods are seized.
According to the seizure procedure, the following options are then available:
- Release of the goods
- Referral to the court
- Follow-up via settlement or before the court.
Customs sanctions in the event of counterfeiting
The Custom Code lays down a possible set of fiscal and penal sanctions in case of infringement, that is:
- the confiscation of the goods, the means of transport and all objects used to conceal the fraud, the assets and credit notes resulting from the offense,
- a fine of one to twice the value of the object of the fraud (or even higher if the acts were committed by an organized group.
- maximum of 3 years of imprisonment for the infringer.
How to implement a request for a customs seizure?
To organize a custom seizure, it is necessary to file an intervention request on the ground of the Intellectual Property Code with the General Directorate for Customs and Indirect Taxation.
This request can be based on any type of intellectual property rights: patent, trademark, design, copyright or associated rights, utility model, supplementary protection certificate (SPC), topography of a semiconductor product, geographic indication, plant breeders’ rights, etc.
A certain number of supporting documents must be attached. They relate to the applicant, the claimed IP rights, etc.
Be represented by an intellectual property firm before the customs authorities?
Brandon IP is registered before the customs authorities and can intervene as your representative and intermediary vis-à-vis the various departments in the territory.
It should be pointed out that when an intellectual property attorney such as our firm Brandon IP is declared to the Customs services as a representative of the IP right holder, it is then immediately contacted by the Customs officer in the event of a suspicion of counterfeiting and customs seizure.
Henceforth, we react as quickly as possible and inform our client about:
- the nature of the seized goods,
- the seized quantities,
- the place of seizure.
If necessary, we can visit in person in order to validate the genuine nature of the goods, sometimes with an expert appointed by our client depending on the complexity of the seized products.
Throughout this type of procedure, we act as your relay and your counsel, constantly keeping in contact with you to decide on whether or not to pursue the seizure operations all the way to a possible lawsuit.
Why call on Brandon IP to represent you?
With over 150 years of existence, Brandon IP is one of the oldest intellectual property firms in France. With a head office in Paris and branches in Orléans, Amiens and Bordeaux (France), we are the people to talk to for companies and individual project leaders regarding the enforcement of their intellectual property rights. Our expertise is recognized by our thousands of clients and Brandon IP is ranked among the best French IP law firms by Leaders League.
As an intellectual property law firm, we cover all aspects of intellectual property, including going through the formalities with customs authorities in the event of counterfeiting involving circulation of counterfeiting illicit products.
Our team is made up of skilled engineers in various technical fields and paralegals who are able to answer all your questions on these topics of intellectual property protection, anti-counterfeiting and customs seizures.
Find out more about our team here: https://www.brandon-ip.com/your-contacts/
Please contact us to learn more about our representation services with customs authorities.
See also:
- Enforcement of your intellectual property rights
- Drafting and filing a patent application
- Trademark filing and enforcement strategy
- Disputes: defend your intellectual property rights