Intellectual Property Rights at the Border: Customs Enforcement

How Customs Protects Intellectual Property at the UK Border

The UK border serves as a critical line of defence against counterfeit and pirated goods. HM Revenue & Customs (HMRC) has broad powers to detain and seize goods that infringe intellectual property rights (IPR), protecting both rights holders and consumers from the risks associated with counterfeit products. Understanding how this enforcement works is essential for importers, brand owners, and anyone involved in cross-border trade.

The Scale of the Problem

Counterfeit goods represent a significant global challenge. From fake luxury items to dangerous counterfeit pharmaceuticals and electrical goods, IPR-infringing products pose risks to consumer health, safety, and the economy. According to GOV.UK, UK Border Force officers intercept thousands of consignments containing suspected counterfeit goods every year, with items ranging from clothing and accessories to electronics and toys.

What Rights Can Be Enforced at the Border?

UK customs enforcement covers a wide range of intellectual property rights, including:

• Trademarks: Registered UK and international trademarks, including word marks, logos, and shapes
• Copyright: Protection for original creative works, including software, music, and printed materials
• Design rights: Both registered and unregistered designs
• Patents: Though border enforcement of patents is more limited than for other IPR types
• Geographical indications: Protected designations of origin for food and drink products

The Application for Action (AFA) Process

Rights holders can significantly enhance border protection by filing an Application for Action (AFA) with HMRC. This mechanism, established under retained EU Regulation 608/2013, enables customs authorities to proactively identify and detain suspected infringing goods.

How to File an AFA

According to GOV.UK guidance, the process involves submitting detailed information about your intellectual property rights, including registration details, authorised licensees, and — crucially — information to help customs officers identify genuine products versus counterfeits. This might include details about packaging, labelling, or security features.

An AFA is valid for one year and can be renewed. Once in place, Border Force officers can detain suspected infringing goods and notify the rights holder for identification.

What Happens When Goods Are Detained?

When customs officers suspect goods infringe an IPR covered by an AFA, the following process typically unfolds:

1. The goods are detained and the rights holder is notified
2. The rights holder has a set period to confirm whether the goods are counterfeit
3. If confirmed as infringing, the goods may be destroyed under a simplified procedure if the importer does not object
4. If the importer contests the detention, the rights holder must initiate legal proceedings to determine infringement

Implications for Importers

Importers should be aware that even unknowing importation of IPR-infringing goods can have serious consequences. HMRC may seize the goods, and importers can face civil liability and, in serious cases, criminal prosecution. Due diligence on supply chains is therefore essential.

Key protective measures include:

• Verifying the authenticity and legitimacy of suppliers
• Requesting proof of licensing or authorisation for branded goods
• Maintaining thorough records of transactions and supplier relationships
• Working with a reputable customs broker who can flag potential IPR risks during the clearance process

Parallel Imports and Grey Market Goods

It is important to distinguish between counterfeit goods and parallel imports (genuine goods imported outside the rights holder’s authorised distribution channels). The legal position on parallel imports in the UK has evolved post-Brexit, with the UK currently maintaining an international exhaustion regime. Traders dealing in parallel imports should seek specialist advice to ensure compliance, as EasyClearance can help navigate these nuances.