23/07/09
Customs seizure procedures of IPR infringing goods at UK and European Union borders
EU legislation (Council Regulation (EC) No 1383/2003) provides for Customs to temporarily detain any goods if they suspect that these goods infringe any intellectual property right, including patents. Under the customs legislation, Customs authorities do not decide whether goods are infringing IPR. The general procedure is to detain goods and subsequently inform the right holder of the detention. It is then up to the right holder to pursue the matter through a court, where appropriate, under national provisions.