The global counterfeit trade is a multibillion-dollar problem, undermining brand value, eroding consumer trust, and causing significant revenue loss for legitimate businesses. For IP owners, customs enforcement represents one of the most powerful and often underutilized tools in the anti-counterfeiting arsenal.
This article explores how rights holders can proactively engage customs agencies to block counterfeit goods at the border, reduce enforcement costs, and strengthen global brand protection.
Why Customs Enforcement Matters
Once counterfeit goods infiltrate the market, the damage – reputational and financial – is difficult to undo. Customs enforcement shifts the burden upstream, intercepting infringing products before they reach distributors, e-commerce platforms, or end consumers.
Customs authorities in many jurisdictions — including the U.S., EU, China, and others — have the power to:
- Detain or seize goods suspected of IP infringement
- Notify rights holders of potential violations
- Destroy counterfeit products after administrative proceedings
- Penalize repeat infringers and track shipment patterns
However, enforcement is not automatic — it requires proactive action by IP owners and/or their trusted agents to register and maintain their rights with customs authorities.
Key IP Rights Eligible for Customs Protection
To leverage customs enforcement, companies must first ensure that their IP rights are valid, registered, and enforceable in the target jurisdictions. Commonly protected rights include:
- Trademarks (registered)
- Copyrights (in some jurisdictions)
- Design rights / industrial designs
- Geographical indications (where applicable)
- Patents*
*In most countries, patent infringement is not handled by customs authorities unless linked to criminal conduct or parallel import violations. In the United States for example, the U.S. International Trade Commission (ITC) conducts investigations based on unfair practices in import trade, including patent infringement. If the ITC finds a violation, it has the authority to issue an exclusion order directing the U.S. Customs and Border Protection (CBP) to stop infringing products from entering the United States.
Building an Effective Customs Enforcement Strategy
IP Recordation with Customs Authorities
Begin by recording your registered IP rights with the appropriate customs office. Key examples include:
United States: The U.S. Customs and Border Protection (CBP) Intellectual Property Rights Recordation System allows trademark and copyright owners to submit records for border enforcement.
European Union: Rights holders can file a Customs Application for Action (AFA) with national or EU-wide customs authorities.
China: The General Administration of Customs (GAC) accepts IP recordations and has an increasingly active enforcement system.
A successful recordation typically requires:
- Proof of registered rights
- Product and packaging images
- Lists of authorized manufacturers/distributors
- Common counterfeit indicators or red flags
Train Customs Officials for Enhanced Detection
Where possible, coordinate with customs authorities to conduct product training sessions, providing enforcement officers with tools to distinguish genuine vs. counterfeit goods. This may help dramatically improve detection rates.
Training materials should include:
- Side-by-side comparisons of real and fake products
- Known importers or routes associated with prior counterfeiting
- Updates on evolving counterfeit methods
Monitor and Respond to Seizure Notices
Once IP rights are recorded, customs authorities may detain shipments suspected of infringement. Rights holders typically receive notifications and must respond within tight timeframes (e.g., 10 days in the U.S.) to confirm infringement and authorize seizure or initiate legal action. Swift, well-documented responses are essential to maximize seizure rates and avoid release of infringing goods.
Coordinate Global Customs Coverage
For companies with international operations or exports, a harmonized customs enforcement program is critical. Coordinate recordation and response procedures across key jurisdictions, especially where:
- You have major markets or licensees
- Counterfeit production or transshipment is known to occur
- Online marketplaces frequently facilitate infringing sales
Maximizing ROI on Enforcement Programs
Bundle enforcement with trademark portfolio audits to ensure critical marks are registered in high-risk jurisdictions.
Integrate customs with broader anti-counterfeiting programs, including online takedowns, cease-and-desist notices, and criminal referrals.
Leverage technology platforms to track shipping patterns, serial numbers, and IP enforcement metrics.
Establish local counsel relationships in high-risk ports for faster action.
Strategic Implementation for Long-Term Success
IP customs enforcement is one of the most cost-effective and scalable ways to combat global counterfeiting. Yet, many businesses — particularly SMEs — overlook this vital protection mechanism. With the right strategy, customs can become a first line of defense that deters infringers, strengthens your brand, and protects your customers.
The most successful customs enforcement programs combine proactive recordation with ongoing monitoring and rapid response capabilities. This comprehensive approach not only stops individual shipments but also builds intelligence that helps identify patterns and sources of counterfeit production.
Need help building or expanding your customs enforcement strategy? We advise brands, manufacturers, and IP owners on global IP protection, including customs recordation, enforcement coordination, and cross-border brand integrity programs. Contact us to schedule a consultation and protect your IP from the port to the marketplace.