Powered by Lexis+®
Jurisdiction(s):
European Union

EU customs IP enforcement: practical guidance on AFAs, border detentions, simplified and small-consignment procedures, timing, renewals and strategy (including Northern Ireland GI implications)

Published by a LexisNexis EU Law expert
Practice notes
imgtext

This Practice Note reviews Regulation (EU) 608/2013 (the Customs Regulation). This Practice Note:

  • explores the obligations under the Customs Regulation
  • assesses how the framework differs from the earlier EU customs regime
  • offers practical pointers for shaping a border detention plan and completing the ‘application for action’ (AFA)

The requirements of the Customs Regulation and changes from the previous system

The Customs Regulation broadened and refined many aspects of its forerunner, Regulation (EC) 1383/2003, while leaving core principles largely intact. In brief, it empowers customs authorities across all EU Member States to seize and destroy goods found to infringe specified IP rights. See below for which IP rights are in scope. Customs officials may detain items they suspect breach the IP rights of rights holders who have recorded those rights with customs. Once goods are held, responsibility rests with the rights holder to confirm that the items are indeed infringing. If confirmed, customs may keep the goods and arrange for their destruction. Questions have been raised about how effective the system is. In January 2026, the European Commission...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow