Customs Seizure of Counterfeit Goods: Are you covered? Apply for Action.

If you are concerned about counterfeiting and counterfeits of your products entering or leaving the UK, it is time to review whether you have the correct process in place for customs seizure. The rules changed on 1 January 2021 following the end of the Brexit transition period. So, now is a good time to review what you have and/or what you need. If you already have an AFA (Application for Action) then the following will apply.

• If you submitted a UK AFA prior to 1 January 2021 via the EU then it will continue in force in the UK until it expires. AFAs are renewed annually.

• If you submitted an AFA to cover the EU prior to 1 January 2021 via the EU then it will no longer apply in the UK and a new UK AFA will be required.

• If you submitted an AFA to cover the EU prior to 1 January 2021 via the UK then it will continue in force in the UK but a new EU AFA will need to be submitted via an EU Member State to cover the EU.

If you have AFA in place then we have the experience and tools to set things up. Alternatively, if you would like us to review your arrangements or appoint us in the UK we would be delighted to assist. For more information or an informal discussion on how we can help with this or IP enforcement generally, please get in touch.