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As an intellectual property rights holder, you can help to protect your rights by making an Application for Action. This requests Border Force to detain goods suspected of infringing a range of rights, including:

• trade marks
• copyrights
• design
• patents

You can make an Application for Action to protect your rights:

• in the UK, using our online service
• in the EU, on the

Who can apply

You can make an Application for Action to protect your rights in the UK if you鈥檙e:

• an intellectual property rights holder
• an intellectual property rights management collective body
• formally authorised to both use and start court proceedings to protect the rights

If you already have an Application for Action

If you already have a UK application through the Europa website, you鈥檒l need to extend your application when it expires.

If your rights are already protected by an application made through another EU member state, they will not be protected in the UK. You will need to make a new application to protect your rights in the UK.

The following rights do not exist in the UK:

• international registered trade mark 鈥� designating the EU
• EU trade mark
• international registered design 鈥� designating the EU
• community registered design
• unregistered community design

Protecting geographical indications in Northern Ireland

Product names can be granted a 鈥榞eographical indication鈥� if they have a specific link to the place where they鈥檙e made.

You must complete the Application for Action form on the Europa website if you鈥檙e a producer, and you want to protect any of the following in Northern Ireland:

• food and agricultural products
• wine
• spirit drinks
• aromatised wines

• other geographical indications that either:

  • have an exclusive intellectual property right by national or Union law
  • are covered in agreements between the EU and other countries

Find more details and . You must send applications to protect geographical indications in Northern Ireland to the Intellectual Property Rights Approvals Team, by emailing: approvals.ip@hmrc.gov.uk.

When to apply

Send your application at least 30 working days before you either:

• want the monitoring period to start
• expect infringing goods to be imported or exported

How to apply

We鈥檒l need some information about the rights you want to protect. This could include:

• the type of right
• the expiry date
• a description of the right and its use
• technical data like registration number, patent number or Nice class

You鈥檒l need to sign in with your Government Gateway user ID and password to use this service. If you do not already have sign in details, you鈥檒l be able to create them before you apply. We鈥檒l only accept attachments sent by email in exceptional cases, where you cannot submit the information using the form itself.

Costs

It鈥檚 free to make an Application for Action, but you鈥檙e liable for any costs incurred from the moment Border Force detains the suspected goods. This includes administration and goods being:

• handled
• transported
• stored
• destroyed

You鈥檒l also be liable for legal costs and compensation for any loss suffered by the owner of the goods if:

• you or a court confirm the goods do not infringe your rights
• the action is discontinued because of an error on your part

After you鈥檝e applied

HMRC will review your application and contact you if we need more information. We鈥檒l normally write to you within 30 working days from receipt of your application to let you know it鈥檚 been granted. It will be valid for one year from the date of the decision.

Sending more information

You can send more information to help Border Force:

• identify genuine or counterfeit goods, such as markings, barcodes and images
• assess risk 鈥� for example, authorised distributors and routes

1. Send the files to the Intellectual Property Rights Approvals Team by email, at approvals.ip@hmrc.gov.uk.

2. Tell them your submission reference, from the confirmation page of your application.

How Border Force uses your Application for Action

If Border Force detect suspect goods at the border they鈥檒l contact you to check whether you think the goods are genuine.

You鈥檒l have to confirm whether you think the goods infringe your rights and if you agree to their destruction.

If the goods are perishable, such as food that will deteriorate, you鈥檒l need to reply within 3 working days.

If the goods are non-perishable, you鈥檒l have 10 working days to reply. You can request an extension of up to 10 more working days to start court proceedings.

Border Force will also:

• tell the importer or owner of the goods that their goods have been detained and give them either 3 or 10 working days to agree or object to the goods being destroyed
• give both the rights holder and the importer the opportunity to inspect the goods

Infringement of rights without an Application for Action

Border Force sometimes finds goods that may infringe intellectual property rights when there鈥檚 no Application for Action.

If they think you鈥檙e the rights holder for the goods, they鈥檒l ask what action you want to take. If you confirm the goods infringe your intellectual property rights, Border Force will detain them and tell the importer within one working day. If Border Force cannot identify the rights holder, they鈥檒l release the goods.

If you want the goods destroyed, you must submit an application within 4 working days. This is known as an 鈥榚x officio Application for Action鈥�. You cannot make an ex officio Application for Action for perishable goods. If you do not submit an application, Border Force will release the goods.

An ex officio Application for Action will cover that particular consignment of goods. You can also request that your intellectual property rights are protected for one year against these type of goods.

Destruction of goods

If you confirm goods infringe the intellectual property rights covered by your Application for Action, they鈥檒l be destroyed when:

• both you and the importer or owner of the goods agree they can be
• you agree, but the importer or owner does not respond within the notification period

Border Force will let you know if the importer or owner objects to the goods being destroyed. If this happens, you have until the end of the notice period to show you鈥檝e started proceedings to prove the goods infringe your rights. If you fail to do this, Border Force will release the goods.

Goods that arrive by post or express courier

There鈥檚 a different procedure for goods arriving by post or express courier that infringe your rights. This is called the small consignments procedure. It allows Border Force to destroy the goods without consulting you first. This can happen when you instruct Border Force to use the small consignments procedure on your Application for Action and the:

• consignment contains 3 or fewer items, or weighs less than 2 kilograms
• goods are suspected of being counterfeit or pirated
• goods are not perishable

Taking legal action

Instead of destroying the goods, you can choose to take the matter to court. You must write to Border Force telling them you do not agree to the goods being destroyed and confirming you鈥檙e starting court proceedings. You must provide evidence of this before the notice period expires, such as:

• a court issued claim form (England and Wales)
• a writ (Northern Ireland)
• a signed summons (Scotland)
• proof the proceedings cover the goods in question

Amending or revoking your application

To make any changes to your application, contact the Intellectual Property Rights Approvals Team by email at approvals.ip@hmrc.gov.uk.

For example, you need to tell us if:

• you鈥檙e no longer entitled to submit an application
• your intellectual property right no longer has effect, if it has expired or is sold

Taking action against grey market goods

Parallel imports (sometimes called 鈥榞rey market goods鈥�) are genuine goods, manufactured with the consent of an intellectual property rights holder or licensee, but either:

• marketed without their consent
• produced in excess of an agreed amount

The legal provisions are:

More information

For more information, you can contact the the Intellectual Property Rights Approvals Team:

• by email, at approvals.ip@hmrc.gov.uk
• in writing, at the following address

You can also contact the imports and exports helpline for help with importing and exporting goods.