IP Enforcement in the EU: How Customs Actions Protect Brands and Markets

On 1 October 2025, the European Commission released its latest summary on the enforcement of intellectual property rights at the EU border and within the internal market.

The report offers valuable insights into how customs, police, and market surveillance authorities across the European Union work to prevent counterfeit and pirated goods from entering the EU through its external borders and from circulating within the internal market.

Drawing on this document, we decided to prepare this article not only to share the key findings of the Commission’s report, but also to highlight how effective management of an IP portfolio can significantly strengthen a company’s position in these enforcement processes.

How Regulation EU No 608/2013 Operates?

The summary concentrates on procedures before the competent custom authorities, providing a clear view of how Regulation (EU) No 608/2013 operates in practice and how businesses can benefit from proactive IP protection.

Regulation (EU) No 608/2013 covers a broad range of rights, enabling customs to intervene not only in cases involving trademarks, but also designs, copyrights and related rights, patents, geographical indications, plant variety rights, utility models, and semiconductor topographies.

This extensive approach ensures that both traditional product branding and more technical or creative forms of innovation receive protection at the EU’s external borders and within its internal market.

Customs Toolbox in Practice: Suspension, Detention and Destruction

In practical terms, customs may suspend release (temporarily withhold clearance where there is a justified suspicion of infringement) or detain consignments and, in certain circumstances, proceed to destruction.

These actions may follow a free-of-charge Application for Action (AFA) filed by the rights holder. Customs may also act ex officio where suspected infringing goods are identified without a granted application (except for perishables); in that case they notify the declarant or holder within one working day and invite persons entitled to apply to file an AFA within the prescribed time limits so that the detention can be maintained.

What is the difference between NAFA and UAFA?

Against that backdrop, applications are an important operational lever. In 2024, customs received 1,577 national applications (NAFAs) and 1,777 Union applications (UAFAs).

Under a UAFA, the granting decision becomes effective the next day in the issuing Member State and, in other Member States named in the application, the day after their customs authorities are notified, subject to translation obligations.

The issuing authority must promptly forward the decision. In practice, a UAFA allows coordinated enforcement across several EU countries, while a NAFA applies only within one Member State.

Enforcement actions in 2024: 112 million items with an estimated value of €3.8 billion were seized.

The numbers help to size the issue. In 2024, combined detentions (at the EU border and within the internal market) exceeded 112 million counterfeit articles, with an estimated value of EUR 3.8 billion. This was about 30% more than in 2022, though still below 2023, which was an exceptional year (138 million articles; EUR 3.43 billion).

Compared with 2023, 2024 saw an 80% increase in alerts to authorities. Trade marks dominate by volume (59% overall; 87.31% at the border) and by estimated value at the border (94.25%), followed by copyrights (38.12%) and designs (4.14%).

What are the high-risk categories?

Top product categories (overall) include recorded CDs/DVDs (including software), toys, clothing, cigarettes (including e-cigarettes), and perfumes and cosmetics.

On the internal market there was a notable rise in recorded CDs/DVDs (including software), reflecting demand for software and retro gaming; technological developments are also fuelling more sophisticated counterfeits, including e-cigarettes and vaping devices.

Why is an intellectual property portfolio so important?

It is worth noting that enforcement is most effective when the intellectual property portfolio is complete, up to date, and prepared to work smoothly with the authorities.

In practice, this means registering and maintaining the right set of rights: trade marks (key word and figurative marks in the relevant classes), designs for visible product and packaging features, and, where justified, patents or utility models.

In parallel, copyright must be taken care of securing a clear chain of title from employees or contractors, appropriate contractual provisions- and where possible or applicable- registrations or filings that confirm legal title.

In conclusion, proper preparation first and foremost enables rights holders to file Applications for Action quickly and to respond to suspected infringements without delay.

A well-structured IP portfolio, clearly secured copyright ownership, and ready-made evidence packs for customs shorten decision times, increase the share of cases that end in the destruction of counterfeits, and reduce leakage into the internal market- protecting consumers and product safety while preserving brand value and lowering the costs and risks of enforcement.

Are your IP rights ready to be enforced in practice?

Build a strong intellectual property portfolio and leverage the full potential of customs tools available in the EU. Find out how to effectively protect your company against counterfeit goods and loss of market value.

Contact our law firm– we will help you prepare an intellectual property portfolio that truly protects your business.