April 16, 2014 at 12:52 pm
Effective enforcement of IP rights at the border is critical in overall protection of intellectual property. It also is important for the country’s economy as well as health and safety.
Customs play a crucial role in identifying and detaining shipments of goods suspected of infringing IP rights.
Local laws predict further actions and terms for those actions to be taken by the rights holder directly or through their local representative in the matters of seized goods.
However, as the seized shipments often do contain counterfeit goods that look highly similar to the original goods, a simple and effective way to obtain a more vigilant Customs protection is to file a supplementary protection request with the local Customs.
Additionally, the IP owner must be aware that the Customs agents might not necessarily be familiar with their brand, such is often the case with international trade mark registrations or new IP application cases.
This is why, we recommend this step to most of our clients – it enables the intellectual property owner to inform the Customs about the ways to indentify original goods versus the counterfeit goods, shows their interest in enforcing their IP rights and enables the Customs to be more effective when doing their jobs.
The most efficient way of achieving a better informed Customs department is to enclose a booklet along with the official form, emphasising the ways to recognize the original brand. Of course, more information is always helpful, such as advising on usual exporters/importer, previous infringers or the most used border crossings.
The length of protection provided by supplementary protection request is usually 12 months, but this term varies depending on the territory.
How we can help
Through knowledge of local laws, our close relationship with the local Customs departments and adequate advice, we can help guide IP owners to the most efficient solution for them, keeping in mind the importance of IP protection for any business.
Contact us for more details and documents necessary for filing supplementary protection request in our region.
Author: Mila Mihailovic
