When EU customs detains goods for suspected intellectual property infringement, speed comes from clarity. Identify the legal route under Regulation (EU) No 608/2013, gather proof of authenticity or authorization, and respond within the stated working-day window. This playbook shows the first 72 hours, common scenarios, and the proof you should keep.
TLDR
- Confirm it is an IPR detention under Regulation 608/2013. Your next step depends on whether the right holder has an Application for Action (AFA) and what the notice asks you to do.
- There is a short clock. Standard practice gives 10 working days to act on the detention. Perishable goods often have 3 working days. An extension of up to 10 more working days may be available in many cases.
- If the goods are genuine, send proof of authenticity and authorization quickly. If they infringe, consider consenting to destruction to avoid civil action.
- While you wait, keep a record of terminal conditions and appointment attempts. This helps negotiate storage or quay rent if delays are outside your control.
Step 1. Identify the detention route and who owns the next action
- Read the customs notice. It will reference IPR suspicion and list the right holder contact or the competent customs office. Check whether the right holder has an active AFA.
- Confirm the window. Most notices require action within 10 working days from notification. Perishables may be 3 working days. Ask for an extension early if evidence will take time.
- Check scope. Detention applies to goods under customs supervision, including import, export, re-export, suspensive procedures, and free zones. Container cargo is included.
Proof note you can cite in emails
“Under Regulation (EU) No 608/2013, customs may detain goods suspected of infringing IPR. The standard response window is 10 working days from notification, with 3 working days for perishables. Extensions are possible in many cases. Where consent is given, goods can be destroyed under customs control.”
Step 2. The first 72 hours
Hour 0 to 24
- Pull the entry packet: commercial invoice, packing list, HS codes, bill of lading, supplier contracts, brand authorization or license letters, purchase orders, and traceability data.
- Contact the competent customs office listed. Confirm the deadline and the acceptable form of evidence.
- Alert the brand owner or right holder contact if you have an authorization. Share identifiers, photos, and serials for verification.
Hour 24 to 48
- Assemble a proof pack: authorization letter on letterhead, authenticity certificates, product images and serials, supplier declarations, transport documents, and any quality or conformity certificates.
- If goods are not authorized or appear counterfeit, consider consenting to destruction under the simplified procedure to avoid litigation and additional storage costs.
- If more time is needed, request an extension in writing before the deadline. State what evidence is outstanding and when you will submit it.
Hour 48 to 72
- Submit the evidence with a cover note that maps each file to the issue in the notice.
- Log status updates, terminal conditions, and appointment availability with time-stamped screenshots. This supports later negotiation on storage or quay rent.
- If destruction is agreed, coordinate handling with the terminal under customs control and obtain written confirmation when complete.
Common EU IPR scenarios and what clears them
| Scenario | What it means | What often clears it |
|---|---|---|
| Trademark counterfeit suspicion | Goods resemble a protected brand | Brand authorization, authenticity evidence, or consent to destruction if unauthorized |
| Design or copyright claim | Shape, artwork, or content appears protected | License, proof of independent rights, or consent to destruction |
| Parallel import limits | Goods diverted outside authorized EEA channel | Distribution authorization, EEA exhaustion analysis, or re-export |
| Mixed container | Only some lines are suspected | Segregate SKUs, submit evidence per line item, and agree targeted destruction if needed |
| Small consignments procedure | Postal or courier parcels under defined thresholds | Usually not container cargo. Customs may destroy without right holder involvement if conditions in the regulation are met |
Timing depends on port workload, the right holder’s response, and evidence quality. Treat any durations you hear as planning ranges, not promises.
The timers and controls that matter
- 10 working days to act on detention after notification. 3 working days for perishables. Request an extension early if permitted.
- Consent to destruction under the simplified procedure can resolve many cases without court action.
- If you contest, proceedings to determine infringement must be initiated within the set window. Check the notice for who must start them and by when.
- Scope includes import, export, re-export, suspensive procedures, free zones, and movement under customs supervision for destruction.
Two copy-ready emails
Subject: EU IPR detention for MRN [xxxx]. Evidence submission and deadline confirmation
We acknowledge the EU IPR detention notice for MRN [xxxx]. The stated deadline is [date]. Attached are authorization letters, product images, serials, supplier declarations, and commercial documents mapped to the issues raised. Please confirm receipt and whether any additional evidence is required. If permitted, we request an extension to [date] to complete [evidence item].
Subject: Brand authorization verification for shipment [B/L or Container]
We request brand verification for the attached product lines detained by EU customs. Documents include authorization letters, purchase orders, serial lists, and images. Please confirm whether these goods are authorized for distribution in the EEA. If not authorized, we will coordinate consent to destruction under customs control.
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References
- Regulation (EU) No 608/2013 (core legal framework, scope of detention and destruction).
- Regulation 608/2013, Chapter III (10 working day window, perishable 3 working days, initiation of proceedings, consent to destruction).
- Article 26 (small consignments procedure and destruction conditions).
- European Commission: Defend your rights (Application for Action and right holder engagement).
- Application for Action manual (procedural notes, 2024 update on electronic applications).
- Commission news: mandatory electronic AFAs (eAFAs via IPEP, 2024 policy change).
- National customs guidance example (notification language that reflects the 10 working days and perishable 3 days practice).
This guide is general information for containerized ocean freight operations. It is not legal or compliance advice. Rules and clocks are jurisdiction specific and can change. Verify with your licensed customs broker, customs attorney, and the relevant agency before acting. Last reviewed: August 12, 2025.
Prefer email? Contact us directly at min.so@tradlinx.com (Americas), sondre.lyndon@tradlinx.com (Europe) or henry.jo@tradlinx.com (EMEA/Asia)
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