Protecting intellectual property through the Customs Office: how to fight counterfeits beyond e-commerce?

As global trade continues to grow, the counterfeiting of goods is becoming an increasingly common phenomenon.

Contrary to what one might think, this phenomenon is not limited to luxury goods. It also affects everyday products, cosmetics, and toys.

If you are wondering how you can protect your intellectual property against counterfeits, this article is for you.

Application for action.

One way to protect intellectual property is to file an application for action, known as an

AFA (Application for Action).

This application allows the customs authorities to take action.

In practice, this means that if you file an application, the customs authorities will be able to detain at the border any goods they suspect of infringing your intellectual property rights, for example trademarks or industrial designs.

The application may cover, among other things,

your trademarks, patents, industrial designs, and copyrights.

How to file an application step by step?

If you want goods suspected of infringing your intellectual property to be detained at the border, you must complete an application for action.

An EORI number is required in order to file the application.

To obtain an EORI number, first register on PUESC (the Electronic Tax and Customs Services Platform).

You can find instructions on how to register on PUESC here.

If an attorney files the application on your behalf, they must also register on PUESC and obtain an EORI number.

The next step is to complete the application.

If an attorney files the application on your behalf, remember to pay the power of attorney fee.

It amounts to 17 zloty for each appointed attorney.

You can submit the application through ePUAP or by traditional mail to the address of the Tax Administration Chamber in Warsaw, Department for the Protection of Intellectual Property Rights and TIR Operations.

What are the benefits of filing the application?

Filing an application for action allows the customs authorities to detain goods suspected of infringing your intellectual property.

In practice, this means that if an infringement of your rights is suspected, the customs authorities will inform both you and the person suspected of the infringement about the detention of the goods, and will set a 10-day deadline to respond to the notification.

In your response, you must indicate whether the infringement is confirmed and whether you consent to the destruction of the goods.

If the infringement is not confirmed or consent to destruction is not given, the goods will be released.

In response to your reaction to the notification, the party suspected of infringement has the right to object to the destruction of the goods.

In such a case, you will be notified of the objection and will have 10 business days to decide whether you intend to initiate civil or criminal proceedings.

In summary, filing an application for action allows goods suspected of infringing your intellectual property to be detained. The application may cover trademarks, industrial designs and utility models, copyright and related rights, patents for inventions, trade names, integrated circuit topographies, geographical indications and designations of origin, as well as plant variety protection rights. Filing the application is free of charge, and you can complete and submit it without leaving your home.

Filing the application and overseeing the entire process, whether for one or several rights, can be tedious and time-consuming.

If you need help, we encourage you to get in touch, and we will take care of protecting your rights.

An exception applies where the applicant files a request to secure the goods for the purposes of civil or criminal proceedings. Have a question?

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