As a right holder you can contribute to the customs authorities' efforts against counterfeited and pirated goods in several ways. Below, we have listed three things you can do;
- Submit an application for action to the customs authorities
In the EU, it is possible to submit an application for action, so the customs authorities will look for counterfeited and pirated copies of your products, when they enter the EU. You can either submit a general application for customs intervention for certain EU countries (a national request) or for a selection of EU countries (an EU request). You will find the link to the forms here (in Danish).
The EU Register, COPIS, is the focal point for the customs authorities’ efforts against counterfeit and pirated products throughout the EU. The registry contains a list of all IP rights and products which right holders have requested that the customs authorities to be aware of.
The information in COPIS will provide knowledge to the customs authorities about which product categories to focus on. The information in COPIS will also form the basis for the contact between right holders and all the involved authorities.
- Keep the customs authorities informed
Many right holders have extensive knowledge about counterfeiting and piracy of their products. It can be in your interest to provide the customs authorities with as much knowledge as possible about where the fake products are produced, where they are sold and how they can be distinguished from the genuine products.
The customs authorities can act effectively to information about a particular shipment, if the right holder can provide specific information about the transport – e.g. the flight number or the name of a ship.
In Denmark, such information can be provided by e-mail to firstname.lastname@example.org.
In addition, the Danish Customs Agency often participates in meetings, seminars or collaboration forums with rights owners and stakeholder organizations.
- Follow up on the case
When the customs authorities have detained good suspected of counterfeiting and piracy, they will contact the recipient as well as the right holder registered in COPIS. In some cases, they will also contact right holders not listed in the registry.
The right holder will receive images of the detained products that will make it possible for them to determine, if the products are counterfeit or pirated.
If the right holder has confirmed to the customs authority that a product is fake – and the recipient opposes destruction - it is up to the right holder to contact the recipient to seek a settlement solution or to initiate a court case. The right holder also has the opportunity to file a police report. In Denmark, police reports on IPR crime can be filed to the Special Crime Unit by email to email@example.com. For example, you can use this standard form.
Once there is a final court decision, the Danish Customs Agency has a duty to either destroy or release the detained products.