responsibility finder
Schleswig-Holstein

Receive information about goods stopped by customs as an interested party

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

If goods are suspected of infringing intellectual property rights, the customs authorities can detain them at the border or suspend further clearance. This can prevent infringing goods from entering the internal market. This procedure can be requested from the customs authority by the holder of these rights.

If authorization has been granted and suspicious goods are found, customs will inform you as part of the customs procedure. The rights holder can inspect the goods. This can be followed by various steps:

  • The goods will be destroyed under customs supervision if the necessary requirements are met. If the goods are in your possession or you have declared them, you can consent to their destruction. Your consent is also deemed to have been given if you do not object to the destruction within the deadline.
  • If you object to the destruction, the rights holder must initiate civil court proceedings to decide on the infringement.
  • If the infringement is not confirmed or the rights holder has not initiated civil proceedings, the goods will continue to be processed or handed over.

Process flow

If an application for action by the customs authorities is approved and your goods have been detained on suspicion of an infringement, you will receive further notifications and decisions from the customs authorities online via the "Central database system for the protection of intellectual property rights" (ZGR-online):

  • If the customs authorities identify suspicious goods, they will detain them or suspend clearance.
  • The customs authorities will inform you of the facts. Within this period, you can agree or object to the destruction of the goods.
  • If you object to the destruction, the rights holder must initiate civil court proceedings. In this case, the goods will be held by the customs authorities until a decision has been made on the suspected infringement.
  • You will receive a notification informing you of the decision to destroy the goods.
  • Depending on the decision, the goods will be destroyed or released under customs supervision.
Requirements

In order to receive notifications and notices, your goods must have been stopped on the basis of an application by a rights holder for action by the customs authorities.

Which documents are required?

You do not need to submit any additional documents.

What are the fees?

You will receive the information and notifications from the customs authorities free of charge.

What deadlines do I have to pay attention to?
  • If you receive notification of goods that have been stopped, you must declare within 10 working days whether you agree or object to the destruction.
  • In the case of perishable goods, a period of 3 working days applies, which cannot be extended.
  • In the event of an objection to the subsequent decision to destroy: 1 month after notification of the decision
Processing duration

You will receive notification that the goods have been stopped within one working day.

Legal basis
Appeal
  • Objection to the detention of the goods
  • Objection to the decision to destroy
    Detailed information on how to lodge an objection can be found in the decision.
Applications / forms

Forms : no

Online procedure possible: yes

Written form required: no

Personal appearance required: no

Author
Technically approved by

Federal Ministry of Finance

Process flow

If an application for action by the customs authorities is approved and your goods have been detained on suspicion of an infringement, you will receive further notifications and decisions from the customs authorities online via the "Central database system for the protection of intellectual property rights" (ZGR-online):

  • If the customs authorities identify suspicious goods, they will detain them or suspend clearance.
  • The customs authorities will inform you of the facts. Within this period, you can agree or object to the destruction of the goods.
  • If you object to the destruction, the rights holder must initiate civil court proceedings. In this case, the goods will be held by the customs authorities until a decision has been made on the suspected infringement.
  • You will receive a notification informing you of the decision to destroy the goods.
  • Depending on the decision, the goods will be destroyed or released under customs supervision.

Requirements

In order to receive notifications and notices, your goods must have been stopped on the basis of an application by a rights holder for action by the customs authorities.

Which documents are required?

You do not need to submit any additional documents.

What are the fees?

You will receive the information and notifications from the customs authorities free of charge.

What deadlines do I have to pay attention to?

  • If you receive notification of goods that have been stopped, you must declare within 10 working days whether you agree or object to the destruction.
  • In the case of perishable goods, a period of 3 working days applies, which cannot be extended.
  • In the event of an objection to the subsequent decision to destroy: 1 month after notification of the decision

Processing duration

You will receive notification that the goods have been stopped within one working day.

Legal basis

Appeal

  • Objection to the detention of the goods
  • Objection to the decision to destroy
    Detailed information on how to lodge an objection can be found in the decision.

Applications / forms

Forms : no

Online procedure possible: yes

Written form required: no

Personal appearance required: no

Author

Technically approved by

Federal Ministry of Finance

Further information and offers