Customs and anti-counterfeiting
Stop suspected counterfeit goods at French and European borders
Customs action can intercept suspected counterfeit goods before they enter the market. For Chinese IP firms and companies, it is a practical enforcement tool when rights are valid in France or the European Union and the supply chain crosses an EU border.
This page focuses on customs preparation, detention and follow-up. Civil and criminal litigation are separate enforcement routes that may be used alongside customs action when the facts require them.
Matter essentials
What the instruction requires
The sections below clarify the route, documents, decisions and local workstream for this specific matter.
What an application for action does
Under Regulation (EU) No 608/2013, a rights holder can ask customs authorities to act against goods suspected of infringing intellectual property rights. The framework covers the request for customs protection, the steps customs take when suspicious goods are identified, and cooperation between customs and rights holders.
Official framework: European Commission, customs enforcement of IP rights.
When customs action is relevant
- Counterfeit products are imported into France or another EU member state.
- Shipments use express freight, postal channels, ports or airports.
- The rights holder can provide valid trademarks, designs, copyright, patents, plant variety rights or other covered rights.
- Customs officers need practical information to distinguish genuine and suspected counterfeit goods.
- Online sellers or distributors are linked to a physical cross-border supply chain.
Preparation before filing
A strong application is operational, not only legal. It should help customs recognise the products and reach the right contact quickly.
- Current registration certificates and ownership records
- Images of genuine products, packaging, labels and security features
- Known counterfeit indicators and recurring quality differences
- Authorised manufacturers, importers, distributors and logistics routes
- Known infringers, seller names, websites and shipment information
- Rapid-response contacts for detention notices
Our customs enforcement process
- Rights and territory review: confirm the rights, owners and countries to cover.
- Application strategy: choose the appropriate national or Union application and prepare the supporting product information.
- Filing and customs liaison: submit the application and respond to authority requests.
- Detention response: assess the goods, coordinate identification and preserve the required evidence within the short statutory deadlines.
- Outcome: pursue the applicable destruction procedure, settlement or court action.
- Update: keep rights, contacts, products and risk information current.
Customs action and online enforcement should work together
A marketplace listing can reveal a seller, product and shipping route. A customs detention can reveal packaging, exporters or intermediaries. Connecting the digital and physical evidence helps prioritise sellers, identify repeat shipments and select proportionate action.
Customs and anti-counterfeiting
Information needed for an initial customs review
- Rights and territories to be protected
- Products at risk and evidence of suspected counterfeiting
- Known sellers, exporters, distributors or shipment routes
- Current customs applications, if any
- Any active detention and the notification deadline
For broader court strategy, see counterfeiting and litigation.
