Customs control refers to the procedure whereby the Customs Administration can retain merchandise which is presumed to be counterfeit. The goods in question are held for a period of 10 days upon the written request by the registered owner of the design.
The owner’s request may be in relation to an identified batch of goods or it may be done so even if the owner has no knowledge or has not been made aware of any infringing acts affecting his rights. This latter case refers to preventive action.
Requesting Customs intervention is a completely free procedure which is valid for a year once it has been approved. Upon written request, it can be renewed on an annual basis.
When counterfeit goods are stored following detention, the party who sought their detention has 10 working days from the date that the request was made to justify this action either on the grounds that they were provisional measures or by showing that the party has sought to bring the case to court (civil or criminal).