Anti-counterfeiting and customs procedures
Trade in counterfeit goods can cause significant damage to your trade mark, design or product. Are your products being copied, or do you suspect that counterfeit goods are entering the Netherlands or the EU? If so, swift and targeted action is important.
Counterfeit goods not only harm the reputation of your trade mark, but may also lead to loss of revenue, reputational damage and, depending on the product, health or safety risks for consumers.
Effective anti-counterfeiting and the use of customs procedures allow you to intervene before products reach the market. This helps prevent infringing goods from being distributed further.
Anti-counterfeiting therefore does not begin only at the point of sale, but already at the border.
What is anti-counterfeiting?
Effective anti-counterfeiting combines legal enforcement, market monitoring, cooperation with customs authorities and online platforms, and protection of your intellectual property rights.
Anti-counterfeiting focuses on detecting and preventing infringing products, such as:
- Products bearing your trade mark without permission (trade mark infringement),
- Products copying your protected design (design infringement),
- Products that are identical or virtually identical to your original product.
Why is action against counterfeit goods important?
The impact of counterfeit goods is often underestimated. It is not only about lost revenue, but also about:
- Damage to the value of your trade mark
- Loss of customer confidence
- Disruption of your distribution chain
- Potential safety and health risks
That is why it is important not only to take action after the event, but also to use customs measures proactively so that suspected counterfeit goods can be stopped at the border.
Customs procedures: intervening before counterfeit goods reach the market
One of the most effective ways of combating counterfeiting is to use customs measures to intercept goods suspected of infringing intellectual property rights at the border. By submitting an Application for Action (AFA), you ask customs authorities to take action in relation to goods suspected of infringing your rights.
In practice, this means:
- Customs authorities inspect consignments and identify possible infringements
- Goods may be detained or their release suspended temporarily
- The right holder or its representative is informed of a suspected infringement
- You can request destruction or take further action
This helps prevent large quantities of counterfeit goods from entering circulation.
When should you use customs procedures?
Customs procedures are particularly effective if:
- Your trade mark or product is traded internationally
- You suspect that counterfeit goods are being imported
- You face recurring infringement, making border enforcement necessary
- You actively want your trade mark or design rights enforced within the EU
ENFORCEMENT AGAINST COUNTERFEIT GOODS
If counterfeit goods are intercepted or nevertheless reach the market, it is important to determine quickly which measure will be most effective. In many cases, interception is sufficient to have the goods destroyed. In some cases, additional steps are required, such as a cease and desist letter, seizure measures or court proceedings to prevent further damage.
We assist with, among other things:
- Submitting and managing Applications for Action (AFAs)
- Arranging the destruction of intercepted goods
- Obtaining seizure of counterfeit goods
- Sending cease and desist letters to infringers
- Conducting proceedings to stop further infringement and, where appropriate, claim damages
Depending on the circumstances, we choose an approach that delivers prompt results and fits your trade mark, product and market position.
Our approach
An effective anti-counterfeiting strategy requires more than legal action alone. It is often necessary to coordinate quickly with different parties, such as customs specialists, investigation agencies and international partners. We have access to a broad and leading international network.
We help you retain an overview, choose the right course and coordinate enforcement effectively. We look not only at the immediate infringement, but also at your broader anti-counterfeiting strategy: how can you prevent the same problems from recurring?
You receive practical advice tailored to your trade mark, sector and commercial interests, rather than a standard solution.
Are your products being counterfeited, or do you want to prevent counterfeit goods from reaching the market? Feel free to discuss your situation with us. We can help you take swift and effective action.
Frequently Asked Questions About
Combating Counterfeit Goods
Does my trade mark or design need to be registered before I can take action against counterfeiting?
Registration of a trade mark or design makes enforcement against counterfeiting much stronger and more practical. Without registration, other options may sometimes be available, for example under trade name law, copyright or the doctrine of slavish imitation, but these are often less straightforward.
Can I also take action against counterfeiting on online platforms?
Yes. Counterfeit products can often be removed through notice-and-takedown procedures operated by platforms such as online marketplaces or webshops.
What happens to counterfeit goods after interception?
If customs authorities detain goods, the right holder or its representative is informed. If the right holder confirms that the goods are infringing and requests their destruction, the declarant or holder of the goods is notified. If that party does not object to destruction within the applicable period, the goods are destroyed. If an objection is made, further legal steps are required.
Can I claim damages for counterfeiting?
You cannot claim damages within the simplified customs procedure. That procedure is intended solely to enable the swift destruction of detained goods, unless the alleged infringer objects. If you wish to claim damages for, for example, lost revenue, reputational damage or profits made by the infringer, separate civil proceedings are required.
How quickly should I act if I suspect counterfeiting?
As quickly as possible. Counterfeit goods can be resold or distributed rapidly, evidence may disappear and the damage may increase.
Can anti-counterfeiting also be pursued internationally?
Yes. International coordination is often necessary, particularly in cross-border trade. This may involve cooperation with customs authorities, foreign lawyers, investigation agencies and online platforms. An Application for Action can, however, be submitted for action across the entire EU.
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Get in touch
Do you have any questions or would you like to make an appointment? Get in touch with us, without any obligations.
- Haagweg 1492321 AA, Leiden