How is the right holder involved?
The right owner plays a central role in achieving effective customs action in the fight against piracy and counterfeiting. He knows best the sensitive proprietary details of the original goods. Most countries provide for the option for the right holder to lodge an application for action, also called request for assistance, with the customs authorities, often at low cost for the right holder, or even without charging fees for the administrative process (see, for example, Art. 5 (7) of the EU Council Regulation (EC) 1383/2003 on customs action against goods suspected of infringing certain IP rights .
Such an application raises the awareness of the authorities of possible infringements and provides them with the information necessary for effective action. Typically, such an application has to include an accurate description of the goods so as to enable an identification of the infringing goods. The applicant is required to furnish evidence of his legal status as a right holder as well as to aid the customs officials in identifying legitimate from illegitimate goods. Current trends in legislation aim, inter alia, to facilitate and streamline these procedures in order to enable a more active and more effective involvement of the right holder in border measures. Such streamlining measures include, for example, the establishment of standards for fees and timely notification procedures.
Information on details and formalities of the national application procedure may be sought at the respective customs authorities.