Obtain information on goods stopped by customs as an interested party Unfortunately this specification of service has not yet been completely translated.
If your goods are stopped due to suspicion of counterfeiting, customs will inform you of the next steps.
If goods are suspected of infringing intellectual property rights, customs authorities can detain them at the border or suspend further clearance. This procedure can be applied for by the holder of these rights to the customs authority.
If an authorisation is granted and suspicious goods are found, Customs will inform you of this as part of the customs procedure. The rights holder can then inspect the goods. This may be followed by various steps:
- The goods are destroyed under customs supervision if the necessary conditions are met. If the goods are part of your property or you have declared them, you can consent to their destruction. Your consent is also deemed to have been given if you do not object to the destruction in due time.
- If you object to the destruction, the rights holder must initiate civil proceedings to decide on the infringement.
- If the infringement is not confirmed or the rights holder has not initiated civil proceedings, the goods will continue to be dispatched or released.
You do not need to submit any additional documentation.
Forms : no
Online procedure possible : yes
Written form required: no
Personal appearance required: no
Die Zolldienststelle, welche die Ware angehalten hat
In order to receive notifications and notices, your goods must have been stopped on the basis of an application for action by the customs authorities from a rights holder.
EU-Verordnung zur Durchsetzung der Rechte des geistigen Eigentums durch die Zollbehörden (608/2013)
Informationen zur Marken- und Produktpiraterie auf der Internetseite der Generalzolldirektion
Informationen zum Tätigwerden der Zollbehörden nach Unionsrecht
Informationen zur Marken- und Produktpiraterie auf der Internetseite der Europäischen Kommission
If an application for action by the customs authorities has been approved and your goods have been detained on suspicion of infringement, you will receive further notifications and notices from the customs authorities online via the "Central Database System for the Protection of Intellectual Property Rights" (ZGR-online):
- If the customs authorities identify suspicious goods, they detain them or suspend clearance.
- The customs authorities will inform you of the facts of the case. Within the time limit, you can agree or object to the destruction of the goods.
- If you object to the destruction, the rights holder must initiate civil proceedings. In this case, the goods will be held by the customs authorities until a decision has been reached on the suspected infringement.
- You will receive a notification informing you of the decision to destroy the goods.
- Depending on the decision, the goods will be destroyed or released under customs supervision.
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