1、 EU Intellectual Property Customs Enforcement Response

According to data from the Directorate General of Taxation and Customs of the European Union, intellectual property administrative enforcement in Europe mainly relies on customs. If the rights holder or their authorized person suspects that the goods infringe intellectual property rights, they can submit a written application to customs requesting seizure or suspension of release. After the application is approved, it enters the customs enforcement procedure.

（1） EU Customs Intellectual Property Enforcementprogram

EU customs is mandatory for import protection. EU Council Regulation (EU) No. 608/2013 stipulates that each country shall establish a procedure to enable customs to effectively prevent infringing goods from third countries from entering the common customs territory, including transshipment, free circulation into the Community, storage or storage in duty-free zones and warehouses in any way. EU intellectual property customs enforcement can be divided into two situations: proactive enforcement based on authority and passive enforcement based on the applicant's application. Proactive enforcement based on authority involves inspecting goods, and upon discovering goods that infringe intellectual property rights, it can be seized and notified to the right holder. The right holder then files an application based on the customs notification; The second option is for the right holder or their agent to submit an application, and the customs will take action measures based on the application, as shown in Figures 8 and 9.

（2） Cross border e-commerce response measures

1. Ordinary law enforcement procedures

Regarding the above-mentioned ordinary law enforcement procedures, after the right holder submits their decision to agree to the application to the customs enforcement authorities, if the goods infringe, the customs authorities will suspend the release or detain the goods. According to the customs enforcement process, when entering the stage of the right holder filing an infringement lawsuit, if the applicant files an infringement lawsuit involving a design, patent, utility model, semiconductor product layout design or new plant variety, and the authorities have not taken preventive measures (such as temporary injunction), if the owner of the goods applies for guarantee and completes all customs procedures, they can obtain the release of the goods or terminate the detention of the goods. If the applicant files a lawsuit for counterfeit or pirated goods, or if the competent authority for exemption from liability determines whether the infringement of intellectual property rights authorizes preventive measures, the customs will continue to detain the goods during the litigation period.

2. Simplify law enforcement procedures

In addition to regular enforcement procedures, EU customs can also simplify enforcement procedures for the destruction of infringing goods. However, the simplified enforcement procedures of EU member states are implemented in accordance with their national laws. After reaching an agreement with the rights holder, the rights holder allows the customs authorities to control and destroy infringing goods. If the goods holder objects to the destruction of the goods or has objections, they can file a complaint through the customs enforcement procedures.

(1) Germany

Germany's simplified procedures for infringing goods are consistent with the EU's general enforcement procedures. After the right holder submits a request to destroy the goods through a simplified procedure and the goods owner agrees, the customs will destroy the goods. The specific process is as follows:

① The right holder submits a summary procedure application and report;

② The simplified procedure requires the consent of the customs broker and the owner of the goods, preferably by submitting a written consent form; Alternatively, within 10 working days (3 working days for perishable goods), if the customs declarant and the owner of the goods do not raise any objections to the destruction, it is also considered as agreement;

③ Samples or specimens submitted as evidence to the court will be kept by the court for one year;

④ Destruction of goods under customs supervision.

After the right holder submits a simplified procedure for requesting the destruction of goods, if the owner of the goods does not agree to destroy them, the specific process is as follows:

① The right holder submits a summary procedure application and report;

② The simplified procedure requires the consent of the customs broker and the owner of the goods, and if the parties do not agree to destroy it;

③ The right holder must initiate a civil lawsuit for infringement within 10 working days from the date of suspension of detention (which can be extended to 20 working days, and for perishable goods, it can be extended to 3 working days);

④ If infringement is confirmed in civil litigation procedures, the court may require the destruction of the goods or transfer the goods out of the sales channel to protect the interests of the rights holder.

(2) France

French law does not have a simplified procedure for the destruction of infringing goods.

(3) Italy

The relevant regulations on intellectual property customs enforcement measures in Italy only follow EU regulations and do not establish exclusive intellectual property customs enforcement measures for the country. Simplified procedures are the same as those in the European Union.

2、 German Intellectual Property Customs Enforcement Response

The domestic legislation on customs intellectual property enforcement in Germany is scattered among various intellectual property related laws. In case of conflict between domestic law and community law, the provisions of community law shall prevail.

（1） German Customs Intellectual Property Enforcement Procedure

In the Federal Republic of Germany, all types of intellectual property owners and authorized users (through licensing and agency) involved in trademark infringement cases are eligible to apply for customs protection. In cases of infringement of utility models, unregistered marks protected by German law, commercial names, and other related rights, property owners and authorized users of intellectual property types protected by domestic law can also apply to initiate customs enforcement.

1. German Customs Protection Measures

There are two ways for intellectual property owners to apply for German customs protection. One is national applications, and the other is community applications. Under normal circumstances, one country's application is applicable, while for infringement of intellectual property rights protected within the European Community, multiple country applications are applicable, as such infringement of property rights may occur at the borders of multiple member states. If the property owner wishes to pursue the responsibility of the infringer in multiple member states or all member states, they can apply to the customs of multiple member states or all member states for action by submitting an application to one of the member states according to Article 5 of Council Regulation 608/2013.

2. Application submission deadline

According to Regulation (EU) No 608/2013, the right holder shall notify the customs of the relevant facts within 3 working days. Only when the right holder submits the corresponding protection application to the customs within these 3 working days, will the customs take the next step of protection measures. In practice, this approach is indeed adopted, especially in trademark and copyright cases.

3. German Customs Intellectual Property Enforcement Procedure

After the right holder applies, if the suspicious goods are relatively easy to identify, the customs department can directly order the suspension of release/detention of the goods and issue relevant notices; If it is difficult to identify suspicious goods, the rights holder will be required to send the necessary materials for identification by fax for review.

If the customs authorities have sufficient grounds to suspect infringement of transit goods, they may suspend the release of the goods or detain the goods. The suspension and detention period shall be 3 working days from the date of receipt of notification from the rights holder. When the rights holder submits the corresponding protection application to the customs within 3 working days, if the customs department believes that intellectual property infringement is indeed possible, the customs will detain the suspected infringing products.

If the respondent has objections to the seizure, the customs department shall immediately inform the applicant. The applicant shall immediately declare to the customs department whether to maintain the original detention application in accordance with the provisions of Article 1.

(1) If the applicant withdraws the original application, the customs authorities shall immediately cease action.

(2) If the applicant maintains the original application and submits a mandatory order from the court requesting the compulsory seizure of the goods, the customs authorities shall take necessary measures. If the accused infringer is successful in the first instance, the customs should cease further measures against these two parties in cases involving similar products.

（2） Cross border e-commerce response measures

Pay a deposit to release the goods. If the authorizing party has objections to the seizure, the customs department shall immediately inform the applicant. For goods that infringe on design rights, patent rights, supplementary protection certificates, or plant variety rights, the owner, holder, or importer of suspicious goods may pay a certain amount of security deposit to request customs clearance. In addition, the holder of the goods can also respond to customs detention by raising objections and proof of non infringement to the customs, or filing a lawsuit with the court.