Custom Seizures
ABG’s Legal Team offers its clients legal advice on the filing of border seizure applications before the EU and Spanish customs authorities
- information on the identity of the right holder,
- identification of the IP rights, evidence on ownership,
- information regarding how to identify the original and counterfeit products
In addition of that, the applicant:
- must show its availability to appear before customs in order to confirm if the provisionally seized products are indeed infringing products.
- shall be informed on the importer’s identity and allowed to take samples ,
- once the infringement is confirmed, the applicant must provide the customs authorities with evidence on having instituted legal proceedings against the importer. Otherwise, the provisional seizure of the goods will be lifted.
Border seizure applications may play a crucial role on an IP rights enforcement strategy
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