Registering intellectual property rights with customs is the only way to stop counterfeit goods at the border instead of chasing them in the market afterwards. Many FDI brand owners complete this procedure only after losing money on a fake shipment that slipped through, even though the registration dossier is not complicated if prepared correctly.
Legal basis to start from
The border IP supervision mechanism sits in Articles 73 to 76 of the Law on Customs: the right holder files a request for inspection and supervision measures over exported and imported goods, supported by a valid protection title and materials helping customs distinguish genuine from infringing goods. The practical dossier comprises the request form, a copy of the trademark, patent or copyright title, a description of the features distinguishing genuine goods from infringing ones, a list of authorised exporters and importers, and contact details for urgent verification when customs finds a suspect shipment.
How this applies in practice
The supervision period is 02 years from the date customs accepts the request, extendable by a further 02 years if the right holder renews before expiry. While supervision is active, customs proactively screens related shipments and notifies the right holder when clearance of a specific consignment is suspended. A clear distinction matters: supervision registration is the condition for proactive monitoring, while suspending a specific shipment still requires the right holder to confirm infringement and provide the security required for that case.
What to do next
- Prepare a detailed genuine-versus-fake identification file with close-up photos of distinguishing features, because this is what customs officers use directly in the field.
- Name a round-the-clock response contact in the registration request and make sure that person has authority to confirm infringement within the deadline customs sets.
- Calendar the renewal at least 60 days before the supervision expiry, and update the list of authorised exporters and importers at the same time.
Frequently Asked Questions
What dossier is needed to register IP rights with customs?
The dossier comprises the request for inspection and supervision measures in the prescribed form, a copy of the valid protection title, descriptive materials and images distinguishing genuine goods from infringing ones, a list of authorised exporters and importers, and contact details for verification when customs finds suspect goods.
What is the validity period of the registration?
Supervision lasts 02 years from the date customs accepts the request, and may be extended by a further 02 years per renewal if the right holder files on time. Companies should track the expiry like a second protection deadline, because supervision ends exactly on the expiry date.
How much is the registration fee?
This article does not state a fixed state fee for the supervision registration itself; the real costs are mainly preparing the identification file, translations and the monitoring contact. When a specific suspension case arises, the right holder must provide the security required by law, which is the significant cost to budget for.
Without customs registration, can goods still be detained?
Yes, but through a per-shipment request with information and security for that consignment, and customs has no duty to proactively supervise other shipments for the company. Registering supervision in advance makes detention faster and far more systematic.
This article has been quality-reviewed by the FLAW AI Legal Council