Customs; receipt of information on detained goods as rights holder

If goods are stopped by customs on suspicion of counterfeiting, you will be informed of this as the rights holder.

Gewerblicher Rechtsschutz
Über die Anwendung ZGR-online können Anträge auf Tätigwerden der Zollbehörden im Bereich des Gewerblichen Rechtsschutzes gestellt werden.

Street address

Carusufer 3-5
01099 Dresden

Postal address

Postfach 100761

01077 Dresden

Website

www.zoll.de/DE/Kontakt/kontakt_n...

Mehr zur Behörde

If goods are suspected of infringing intellectual property rights, the customs authorities can detain them or suspend further clearance. This can prevent infringing goods from entering the domestic market. As the rights holder, you can apply to the customs authorities for this procedure.

If your application is approved and suspicious goods are found, Customs will inform you of the detention and you can inspect the goods. This may be followed by various steps:

The goods will be destroyed under customs supervision if the necessary conditions are met.
The person or company that declared or owns the goods can object to the destruction. The customs authorities will then inform you of this. You can then initiate civil court proceedings to decide on the infringement.
If the infringement is not confirmed or you do not initiate civil proceedings, the goods will continue to be cleared or released.

Upon express request, you as the right holder may also receive further information about

the name and address of the consignee, the consignor, the declarant and the owner of the goods
the respective customs procedure,
the origin and provenance of the goods, and
the destination of the goods.

If you request this information and the customs authorities provide it, you must comply with other obligations so that your application for action by the customs authorities can continue.

In order to receive notices in the so-called border seizure procedure as a rights holder, your application for action must have been approved.

Required Documents
- Together with the notification, you may receive digital images of the seized goods.

If your application for action by the customs administration has been approved, you will receive further notifications and notices from the customs authorities online via the inbox in the customs portal.

If customs authorities identify suspicious goods, they detain them or suspend clearance.
The customs authorities will inform you as the rights holder about the facts of the case.
If necessary, you must confirm that you are convinced that the goods are infringing and agree in writing to the destruction of the goods.
If necessary, inform the customs authorities later that the person authorized to dispose of the goods has objected to the destruction.
- If civil proceedings have been initiated in good time, the goods will be held by the customs authorities until a final judgment is obtained.
In certain cases, you may request that samples or specimens of the seized goods be made available to you.
You will receive a notice informing you of the decision to destroy the goods.
Depending on the decision, the goods will be destroyed under customs supervision or released to the declaring or possessing person.

Gebühr: keine

If you receive a notice of stopped goods, you must declare within 10 business days that you believe the goods are infringing and you consent to their destruction.
In certain cases, you may request an extension of no more than 10 business days.
In the case of perishable goods, the deadline is 3 working days, which cannot be extended.