Customs control is a procedure whereby the Customs Administration is able to retain goods which are presumed to be counterfeit by holding them for a period of 10 days. This is done at the request of the party having the intellectual or industrial property rights over the merchandise.
The right holder’s request can be in relation to a specific, identified batch of goods or it can be done even if the holder neither has knowledge of nor has noticed any acts of counterfeit and infringement affecting their rights. In this case, this is preventive action.
The holder’s request is valid is completely free and is valid for a year once it has been agreed to by Customs. Upon written request, it can be renewed annually.
When counterfeit goods are stored as a result of this control procedure, the party requesting their detention has 10 working days to justify the basis for this request either by demonstrating that they are provisional measures or by showing that a case has been brought in relation to the goods either in a criminal or civil court.