Customs Intellectual Property Rights Enforcement

EU customs authorities can detain goods suspected of infringing intellectual property rights at the external border. This is a border enforcement process, not a tariff classification process.

Source check date: 2026-06-11.

Regulation (EU) No 608/2013 concerning customs enforcement of intellectual property rights is the core act. CELEX: 32013R0608. Official link: Regulation (EU) No 608/2013.

Commission Implementing Regulation (EU) No 1352/2013 establishes application forms. CELEX: 32013R1352. Official link: Implementing Regulation (EU) No 1352/2013.

DG TAXUD source: Defend your rights.

Practical Meaning

Right holders can file applications for action asking customs authorities to act against suspected infringing goods. Customs may detain goods, notify parties, and follow procedures for destruction or legal determination depending on the case.

Key Compliance Points

  • Check whether goods are branded, patented, design-protected or otherwise IPR-sensitive.
  • Importers should keep proof of authorisation, supply chain legitimacy and licence rights.
  • Right holders should use electronic applications for action where required.
  • Detention can create storage, delay, destruction and contractual risk.

Systems

COPIS supports cooperation and information sharing for customs IPR enforcement. EUIPO’s IP Enforcement Portal is used for electronic applications for action and related workflows.

Official entry points:

Dynamic or Member State-Specific Notes

Detention steps, deadlines, storage arrangements and national court procedures depend on Member State implementation and the specific right involved.