July 29, 2024
The Customs departments in all 8 jurisdictions ex officio look for fake goods crossing the borders and have the authority to stop shipments suspected of containing goods infringing on IP rights.
Still, it is possible to file Annual Customs Surveillance petitions (ACS) – where one petition is filed per owner and can comprise of multiple trade mark registrations.
Here we wish to point out the advantages of filing the Annual Customs Petition.
1. Longer period to respond
Since the Customs has an ex officio duty to stop all goods that may be infringing on IP rights, a suspicious shipment should be stopped in any case – what follows, however is different for the trade mark owners with ACS petition, as it provides them with a longer period (usually 10 working days) to decide on the next steps. This can be particularly helpful in cases of different national holidays, travel and time differences.
2. More up-to-date information provided to the local Customs
ACS petition itself asks to provide information about place and state of manufacture, information on traders and distribution routes as well as value of the goods.
Additionally, it enables the trade mark owner to share photos and guidelines on recognizing the original product – this can be a deciding factor for the men and women at the state lines, when identifying quickly passing shipments.
3. No unnecessary delays of the original goods at Custom points
Even with all the precautions, sometimes genuine goods are seized – this is successfully avoided by supplying the local Customs with the list of authorized importers and usual points of entry into the country.
Although, the law prescribes short time frames for taking action against seized shipments, in reality it can take a long time from the seizure to notification to the local representative of the trade mark owner.
Additionally, ACS petitions inform the Customs about local attorneys of the trade mark owner, which is especially important when they refer to IR marks.
Regularly filing an ACS petition and renewing it each 12/24 months , makes the whole process easy for the trade mark owner, their supply chain and local agents.
Necessary information and documents vary depending on the country, but a fresh POA (in some cases a scanned copy will suffice) and proof of valid trade mark right/s in jurisdiction the ACS is requested for are a must.
Further, the local agent will fill in the necessary forms citing common border crossing/s used, authorized importers and information about expected packaging of the goods. Additionally, a look book, showing distinct characteristics of the original goods can be supplied.
