In today’s global society, it’s more important than ever to protect your intellectual property (IP) as your products cross borders. Thankfully, there are a number of import and export controls that can protect your IP as you move into international markets.
Having a basic understanding of these protections will put you in a better position. In this article, we’re listing and summarising the 19 most useful import and export laws for Europe, Asia and the USA – as well as providing general guidance about current customs processes and international trade agreements.
Note that this legislation is technical and complicated, so where possible, we’ve linked to the official sites to give you a more in-depth understanding.
The importance of Intellectual Property Rights (IPR) protection in cross-border trade
Intellectual Property Rights (IPR) protection is one of the most critical aspects of import and export. It safeguards your right as a creator to control and profit from your work. By doing so, IPR protection promotes economic growth by encouraging businesses to invest in research and development. IPR also maintains fair competition by stopping unauthorised use of trademarks, patents, and copyrighted material – essential for brand reputation and market stability.
How IPR protection in global trade works
Intellectual Property Rights (IPR) protection is one of the most critical aspects of import and export. It safeguards your right as a creator to control and profit from your work. By doing so, IPR protection promotes economic growth by encouraging businesses to invest in research and development. IPR also maintains fair competition by stopping unauthorised use of trademarks, patents, and copyrighted material – essential for brand reputation and market stability.
How IPR protection in global trade works
International agreements and organisations, such as the WTO’s TRIPS Agreement and the World Intellectual Property Organization (WIPO), are key in protecting your intellectual property as it crosses into foreign markets.
These frameworks are in place for international cooperation. They set minimum standards and streamline the application process for patents, trade marks, copyrights, and trade secrets.
Unfortunately, enforcement remains challenging due to differences in national legal systems, online piracy, and the sheer number of counterfeit goods in e-commerce. This is especially common in fashion – we take a closer look at this in our article about fast fashion and fakes.
Despite this, most countries do work together to uphold IPR through compliance with customs procedures and dispute resolution mechanisms. New technologies, like blockchain, are also starting to strengthen global enforcement efforts.
Current customs processes for brand protection
Customs border measures are laws and regulations that cover the transit of goods across borders. As well as enforcing things like imports of food or plant matter that could harm the environment, checks on imports can also protect IPR by stemming the flow of counterfeit items.
These import controls allow authorities to make physical checks, detain, and (if necessary) destroy products that infringe on trademarks, copyrights, patents, and other intellectual property rights. This protects brands and consumers alike by reducing the flow of counterfeit products into the country of destination.
Customs border measures tend to be implemented under national laws, in line with international standards set by agreements like the WTO’s TRIPS Agreement. This mandates that member countries adopt effective enforcement procedures.
How customs tackle counterfeit imports
- Recording IP rights: In many countries, brand owners can register their trademarks, copyrights, or patents with customs authorities. This enables customs officers to quickly identify and detain counterfeit goods.
- Inspection and seizure: Customs officers are empowered to make physical checks of shipments entering or leaving the country. If they suspect a shipment contains counterfeit goods, they can detain it for further examination.
- Collaboration with brand owners: Customs authorities often work closely with brand owners, who can provide training and resources to help officers identify counterfeit items. In some cases, brand representatives may be invited to assist in verifying goods.
- Risk assessment and targeting: Customs agencies use data analytics and intelligence to prioritise high-risk shipments based on factors like country of origin, previous violations, and other patterns.
- Penalties and destruction: Once counterfeit goods are confirmed, customs authorities can impose penalties on importers. In many cases, they can destroy the seized products to stop them from reaching the market.
While customs does play a big role, we discuss some other steps you can take to protect your brand from grey markets and parallel imports.
How to register your intellectual property with customs
It’s possible to make customs aware of your intellectual property rights so that they’re able to quickly identify potential infringing goods as they cross the border. If customs discover goods that they believe are counterfeit, they’ll get in touch with you to confirm whether the goods infringe your rights, and if you agree to have them destroyed.
Registering with customs in the UK
It’s free to make an ‘application for action’ but you’ll need to cover the costs of the goods being seized – including them being handled, destroyed, transported and stored. You’ll also need to cover legal costs and compensation for the goods’ owner if a court confirms that they don’t infringe your rights. The monitoring period will start 30 days after you apply. It’s a good idea to also make an application for the EU, due to proximity to the UK.
Learn more about applying for action on the UK Government website.
Registering with customs in Europe
You can file your Application for Action through the IP Enforcement Portal (IPEP). To register for an account here, you’ll need a valid intellectual property right registered in the European Union. You can choose between a Union AFA which covers the entirety of the EU, or a national AFA which only covers the chosen member state (e.g. Germany, Spain or Italy).
Read more about making an application for action on the EUIPO website.
Registering with customs in the USA
To register your trademark with U.S. Customs and Borders Protection (CBP), you already need to own a federally registered trademark (appearing on the Principal Register). You can apply online. There’s a fee related to recording and renewing your registration with CBP.
Read more about the process on the USPTO website.
Key European import and export regulations for brand protection
For business operations in the European Union, there are a number of directives you need to be aware of. There are also ways to register and track your intellectual property.
The European Corporate Sustainability Reporting Directive (CSRD)
This significant piece of legislation was introduced in 2023 and mandates companies to report on their supply chain, including identifying and mitigating risks such as counterfeit products.
The process of identifying and reporting potential brand threats helps brands ensure suppliers adhere to ethical standards and product authenticity. The CSRD also encourages ethical sourcing, reducing the risk of counterfeit goods.
Read the full directive here.
EU Customs Regulation (EC) No 608/2013
This regulation relates to customs enforcement of intellectual property rights. It particularly covers goods that are entering or leaving the EU customs territory (single market), those that have been suspended from customs clearance or are held in a free zone/free warehouse. It also applies to products declared for release for free circulation, export, or re-export.
Read a full explanation at EU Monitor.
EU Trade Mark Regulation (EU) 2017/1001
This regulation establishes EU-wide rules and conditions for the granting of an EU trade mark. This grants the holder exclusive rights, preventing others from using the trade marked IP commercially. It also prevents others from using graphics that could be confused with yours, or for leveraging your reputation to promote their own brand.
Read a full summary at EU Monitor.
Counterfeit and Piracy Watch List
The European Commission’s Counterfeit and Piracy Watch List names websites and marketplaces based outside the EU that are “reported to engage in, facilitate or benefit from counterfeiting and piracy”.
You can download the latest watch list via the European Commission.
EUIPO IP Enforcement Portal
Under EU Customs Regulation (EC) No 608/2013, IPR holders need to request a customs application for action (AFA) which gives customs authorities information about your rights. You can use this portal to manage these applications, and to deal with any issues that may arise.
Learn more on the portal homepage.
Key US Import and Export Regulations for Brand Protection
Business exporters planning to enter the U.S. market need to be aware of the following major regulations.
U.S. Customs and Border Protection (CBP)
U.S. Customs and Border Protection forms the largest federal law enforcement agency of the U.S. Department of Homeland Security. They’re responsible for border control post staffing, and upholding the customs regulations of the country.
Visit CBP’s official website.
Section 337 of the Tariff Act of 1930
The ‘unfair import’ regulation covers patent infringement and trademark infringement for imported goods. It covers both utility and design patents, as well as registered and common law trademarks. Under this legislation, the U.S. can conduct checks of imports to ensure they don’t infringe any IP.
Read more at the United States Federal Trade Commission.
Trademark Counterfeiting Act of 1984
This act makes it a felony to import counterfeit goods into the U.S. According to this law, anyone found guilty could face up to five years in prison and/or a $250,000 fine ($1,000,000 for corporations or other legal entities).
Read more on the Congress website.
Recordation with U.S. Customs and Border Protection
Recording your trade mark or copyright makes U.S. CBP aware of your intellectual property, making it easier for them to stop counterfeit imports of your goods entering the country.
Asia
There are numerous controls on imports in Asia, designed to prevent the flow of counterfeit goods. These are the main ones to be aware of.
China Anti-Counterfeiting Law
China’s anti-counterfeiting legislation is written into criminal law. Using a trademark without permission or selling counterfeit goods carries a sentence of up to three years in prison plus a fine, or three to ten years for particularly serious offences.
Read more in the Global Legal Post.
China Trademark Law
Under China’s trademark law, only registered trademarks (and well-known marks) are protected. It’s possible for British businesses to apply for trademarks in China directly with CNIPA, or through the Madrid system.
Learn more about Chinese Trademark Law.
China Customs Anti-Smuggling Bureau
China Customs set up its Anti-Smuggling Bureau (ASB) in 1999. This department is responsible for combating smuggling of illicit goods. This includes animal product imports, guns, drugs, and some counterfeit goods.
Find out more about China Customs.
Japan Customs Law
According to Japanese customs law, anyone importing goods needs to declare them to the Director General of Customs, get an import permit, pay customs duty, and provide a declaration including information such as quantity, value, and a certificate of origin. There are restrictions on plant and animal products, as well as duty free.
Read more about Japanese customs.
Japanese Trademark Act
Only registered trade marks are protected in Japan. Unregistered trade marks are protected under the Unfair Competition Prevention Act.
Read the official translation of the law.
South Korea Customs Act
The South Korea Customs Act regulates the clearance of imported and exported goods. It also controls the imposition of tariff duties. There are provisions to expedite customs clearance for some items, for example e-commerce goods.
Read South Korea’s Customs Act
The Korean Trademark Act
Trademarks need to be registered in South Korea to be enforced under this act, however unregistered trademarks are protected under the Korean Unfair Competition Prevention Law. International businesses can register trademarks under the Madrid Protocol.
Read South Korea’s Trademark Act.
Indian Customs Act of 1962
This act governs all import and export tariffs in India. While most items can be imported without licence or restriction, some items do require a licence and others can only be imported by government trading bodies.
Visit India’s Central Board of Indirect Taxes & Customs for more information.
India Trade Marks Act of 1999
Administered by The Controller General of Patents, Designs and Trademarks, this act protects trademarks and stops anyone from using them fraudulently. You do need to register a trademark for it to be enforceable.
ASEAN IPR Framework
This set of agreements aims to foster cooperation on intellectual property rights between the member states of the Association of South East Asian Nations (ASEAN). This international agreement helps to harmonise the way IPR is dealt with across borders.
Read more about the agreement.
Manage your global IP with SnapDragon brand protection experts and brand protection software
While there are laws and regulations in place to protect your intellectual property during import and export, understanding and navigating them can be complicated. At SnapDragon, our team of Brand Protection experts support brands in developing a brand protection strategy that helps navigate the complexities of international IP protection. Our brand protection software uses advanced technologies, powered by AI, to help monitor and enforce your IP globally.
To find out how we can help your brand, both for import and export and online protection, get in touch for a free 15 minute consultation.
