The customs authorities (SKAT) can detain goods from countries outside the EU

Imports of goods to Denmark from outside the EU; The EU Council Regulation lays down the conditions under which the EU customs authorities can and should detain goods coming from outside the EU, which are suspected of being counterfeited or pirated.

Under the Regulation (EU) No. 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights, the customs authorities (SKAT) can, on its own initiative, detain goods from countries outside the EU, which is suspected of being counterfeited or pirated. In addition to that SKAT has the right to detain goods suspected of being counterfeited or pirated in the following situations;
• goods declared for export
• goods declared for re-exportation
• goods placed under a customs suspension procedure
• goods in transit
• goods being placed in a free zone (free port).

The right holder shall, however, lodge an application for action within three working days. The rights holder also has the possibility of submitting the application for action prior to the request for the customs authorities to intervene. Such an application should include as much information as possible about the rights holder’s products, business and product characteristics, transportation routes etc. so that the basis for the customs authorities on the development of risk analysis and detention is the best. Rights holders can submit an application for the customs authorities to take action as a national application for action, only valid for the one member state, or an EU application for action, valid for selected or all of the EU member states. 

 

When customs has detained goods under the EU customs regulation, they must contact the rights holder to inform them about the matter. If the rights holder concludes that the goods infringe their intellectual property rights, the right holder may refer the matter to court, unless the parties find a settlement or the rights holder chooses not to pursue the matter. In cases where the consignee does not respond to the rights holder's approach on the matter, the rights holder can ask for the goods to be destroyed by the customs authority.

 

The rights holders are liable for the cost of storing the goods and for any liability if, for example, it is subsequently concluded that the goods were not counterfeited or pirated. If the rights holder does not wish to pursue the case or do not respond to the customs authority's approach about the suspicious goods, the authorities must release the goods. At SKAT the fight against importation of counterfeited and pirated goods from outside the EU is carried out by Task Force Counterfeiting, which organisationally is linked to Tax Center Copenhagen.

In the following Danish legislation on custom's actions against counterfeiting and piracy (Act No. 1047 of 20.10.2005 -  as changed by Act No. 1637 of 26.12.2013 - on the application of the European Community Regulation on customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods infringing such rights) and Executive Order No. 1656 of 27.12.2013 (on the application of the European Community Regulation on customs action against goods suspected of infringing certain intellectual property rights, and on the measures to be taken against goods infringing such rights) it is possible to find additional provisions on SKAT's actions against counterfeited and pirated goods.

There are special rules for SKAT regarding actions against harmful and dangerous products. Such actions are regulated by Circular No 9553 of 12.07.2007 (regarding cooperation between customs authorities and product safety authorities under Council Regulation about the check of products imported from countries outside the EU, that should comply with the rules about product safety).


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