How to Obtain Customs Seizures of Counterfeit Goods in France (2026): Procedures, Evidence, Timelines and Remedies

Customs seizure France is one of the fastest and most cost-effective border enforcement tools available to brand owners facing counterfeit imports in 2026. As e-commerce volumes rise and supply chains continue to shift, French customs authorities, acting under EU and national law, have become a frontline defence against infringing shipments entering the European market. This guide sets out, step by step, how to prepare an application, what evidence to assemble, the realistic timelines involved, the costs you should budget for, and the civil and criminal remedies that follow a successful detention. It is written for brand owners, in-house counsel, customs brokers and importers who need a clear, jurisdiction-specific roadmap rather than a theoretical overview.

At a glance, the procedural timeline:

• File an Application for Action (AFA) with French Customs, ideally recording your registered rights in advance.
• Customs detects a suspect consignment and detains the goods, typically shortly after inspection.
• The right-holder and the declarant are notified; verification and sampling follow.
• The right-holder confirms infringement and elects destruction under the simplified procedure or launches civil/criminal proceedings within the statutory window.
• Goods are destroyed or held pending litigation; follow-on action secures damages and injunctions.

1. What is a customs seizure in France? Quick definition and legal basis

A customs seizure France procedure allows the national customs administration to detain and ultimately seize goods suspected of infringing intellectual property rights as they cross the border. The mechanism operates on two levels: the European framework, which harmonises border enforcement across the Union, and French national law, which supplies the substantive IP offences and civil remedies. It is important to distinguish between detention, the temporary suspension of release while the right-holder is consulted, and seizure, the formal measure that follows under the applicable procedure.

The scope is broad. Border measures apply not only to imports but also to goods in transit, re-exports and, in defined circumstances, exports. This makes customs seizure France a powerful instrument against consignments that would otherwise slip through a port or airport and dissolve into domestic distribution channels before a brand owner could react.

Legal foundations (Regulation 608/2013, the Union Customs Code and the Code de la propriété intellectuelle)

The principal instrument is Regulation (EU) No 608/2013, which governs customs enforcement of intellectual property rights across the EU. It sets out how right-holders apply for customs action, the detention periods customs must observe, and the procedure for destruction of goods. The broader procedural powers of French Customs flow from the Union Customs Code (Regulation (EU) No 952/2013), which establishes customs procedures and controls throughout the customs territory. Alongside the EU regime, French Customs also exercise national seizure powers under the Code des douanes. The substantive French offences, together with the civil and criminal remedies available after a seizure, are found in the Code de la propriété intellectuelle.

Practical filing routes, contact points and operational guidance are published by French Customs (douane. gouv. fr).

France applies the harmonised EU border regime while retaining strong national civil and criminal sanctions, offering brand owners both speed at the frontier and depth in the courtroom, a combination that makes it a leading jurisdiction for enforcing intellectual property rights.

2. When to use customs seizure in France versus the alternatives

Brand owners rarely have only one enforcement option. The three principal routes are a customs seizure France border measure, a civil provisional measure (such as a saisie-contrefaçon, a saisie conservatoire or an action en référé), and a criminal referral to the police or the public prosecutor. Each has a distinct trigger, evidentiary threshold, speed and set of remedies. The table below compares them across the dimensions that matter most to a decision-maker.

Typical scenarios where a customs seizure in France is optimal

Customs action is often the right first move in a clearly defined set of circumstances. If the goods are still at the border, starting with customs is usually advisable.

• You need to stop an inbound consignment of counterfeit goods before it is released into free circulation.
• You hold clear proof of a registered trademark, design or other right, and you can supply shipping or supplier intelligence.
• You want to freeze the shipment while you build a civil or criminal case, rather than chasing goods after they have dispersed.
• You are dealing with repeat shipments from the same source and want customs to flag future consignments under a recorded application.

Scenarios where a customs seizure is insufficient

Customs measures only bite at the frontier. They are the wrong tool where the infringement has already moved inland.

• The counterfeit stock is already in France, warehoused, or sold, here a saisie-contrefaçon, saisie conservatoire or référé is the correct route.
• You need damages, a nationwide injunction or an account of profits, these require civil proceedings before the competent court.
• You are targeting an organised commercial counterfeiting operation and want custodial sanctions, a criminal referral is the stronger play.

Decision framework

Use the following rules to help choose between options:

• Consider a customs seizure when you need immediate stoppage of inbound counterfeit consignments, you have clear proof of registered rights and supplier or shipping information, and you want to prevent release while preparing your follow-on case.
• Consider a civil provisional measure (référé or saisie-contrefaçon) when the infringing goods are already in France, or you need a court-ordered measure together with damages and other civil remedies.
• Consider the criminal route when you have strong evidence of counterfeiting as a commercial crime and want criminal sanctions, accepting that the process will take longer.

In many border scenarios the optimal strategy is sequential: deploy customs seizure France first to secure the goods, then follow with civil proceedings to obtain destruction and damages where the simplified destruction procedure is not available or is contested. This combination captures the speed of the border regime and the remedial depth of the French courts.

3. Step-by-step: prepare and file a customs application in France

The foundation of effective border enforcement is the Application for Action (AFA), the formal request that authorises French Customs to detain goods suspected of infringing your rights. You can file a national application covering France, or a Union application where you hold rights in more than one Member State. Recording your rights in advance is strongly recommended: when customs already holds your AFA on file, they can detain a matching shipment the moment it is detected, without needing to track you down first.

What to register with customs, which rights to record

French Customs can act on a wide range of intellectual property rights. Prioritise recording the rights most likely to be infringed by your product category.

• Trademarks. National marks registered through the INPI, EU trade marks registered through the EUIPO, and international registrations designating France or the EU.
• Designs. Registered national designs and Registered Community Designs covering the shape and appearance of your products.
• Copyright and related rights. Although copyright is not subject to a registration system in France, documented authorship and chain-of-title evidence support an application.
• Other rights. Patents, geographical indications and plant variety rights are also covered by the EU border regime where relevant.

Where a right is unregistered, customs can still act on sufficiently clear prima facie evidence, but the process is smoother and faster when a registration certificate is on file. Registering your IP with French customs is one of the most impactful preparatory steps a brand owner can take.

Evidence checklist

A strong application anticipates what customs officers need to distinguish genuine from counterfeit goods at speed. Assemble the following before you file:

• Certificates of registration for each right you are asserting.
• High-resolution photographs of genuine products and packaging, with distinguishing features highlighted.
• A technical comparison guide showing how to identify fakes (materials, markings, serial numbers, holograms).
• Any available invoices, purchase orders or shipping documents linked to suspected consignments.
• A signed power of attorney authorising your representative to act on your behalf.
• A statement of ownership and, where helpful, an expert statement supporting the authenticity criteria.

The EUIPO IP Enforcement Portal provides practical tools and guidance for packaging this evidence, and the European Commission’s overview of IPR enforcement at the border explains how the information feeds into customs targeting.

Form and submission routes

Applications are submitted to French Customs, with Union applications processed through the IP Enforcement Portal that Member State customs administrations share. The practical filing routes, the competent office and the current forms are published on douane.gouv.fr. Keep your application current: update photographs, supplier intelligence and contact details whenever they change, because stale information blunts customs targeting and slows the response when a shipment appears.

4. What happens at the border: detention, verification and seizure

Once your application is on file, French Customs screen incoming consignments against it. When officers identify a suspect shipment, they suspend its release and detain the goods. From this moment the clock set by EU law begins to run, and the right-holder must act promptly to keep the detention alive.

Timeframes under Regulation 608/2013

Under Regulation (EU) No 608/2013, customs notify the right-holder and the declarant or holder of the goods of the detention. The right-holder is then given a defined period, generally ten working days from notification (or three working days for perishable goods), to confirm, in writing, that the goods infringe and to indicate whether they wish to use the destruction procedure. A single extension of up to ten working days may be granted on request in non-perishable cases. If the right-holder fails to respond within the window, or does not initiate proceedings where required, the goods must as a rule be released.

Because these periods are measured in working days, speed and preparation are decisive, a customs seizure France outcome can be lost simply by missing a deadline.

Role of the importer, consignee, broker and carrier

The declarant or holder of the goods, typically the importer or consignee, is a party to the procedure and must be notified. Under the simplified destruction procedure of Article 23 of Regulation 608/2013, the goods can be destroyed where the right-holder confirms infringement and the declarant or holder agrees to destruction, or is deemed to have agreed where no objection is lodged within the set period. If the declarant expressly opposes destruction, the right-holder must commence proceedings to determine infringement, failing which the goods are released. Customs brokers and carriers are not parties to the IP dispute, but they hold logistics and documentary information that often proves invaluable in tracing the supply chain.

5. After the seizure: civil and criminal remedies and referral options

A detention stops the goods, but it does not by itself deliver the full relief a brand owner wants. To obtain damages, a lasting injunction or criminal sanctions, you generally need to convert the customs action into court proceedings. The tactical choice depends on your objectives.

The main options are to apply to the court for urgent measures in référé, to file a full civil claim for damages and injunctive relief under the Code de la propriété intellectuelle, or to lodge a criminal complaint that enlists the police and public prosecutor against commercial counterfeiting. In France, specialised judicial chambers, notably the Paris court for many IP matters, hear infringement claims. In practice, many brand owners combine the simplified destruction procedure at the border with a civil claim that secures compensation and deters repeat infringement.

Practical timeline and likely costs of follow-on court action

An emergency référé order can often be obtained within days or weeks of filing, making it a natural companion to a customs seizure France detention. A full civil infringement action takes considerably longer, frequently many months to judgment, and carries proportionately higher counsel and court costs. Criminal proceedings depend on the pace of the investigation and the prosecutor’s decision to charge, so timing is the least predictable, even though the sanctions, including confiscation and fines, can be the most severe.

Evidence preservation and chain of custody

Whatever route you choose, the evidentiary value of seized goods depends on rigorous handling. Document every sample with dated photographs, record who held the goods and when, and retain the customs notifications and correspondence. A clean chain of custody protects your case against challenges to authenticity and helps ensure the samples remain admissible in any subsequent civil or criminal proceedings.

6. Costs, security and risk management

There is no fee for filing an Application for Action with French Customs, which is a large part of why customs seizure France is such an attractive enforcement tool. The real budget lies in the follow-on steps: counsel fees for référé or civil proceedings, storage and handling of detained goods, and sample testing where authenticity is contested. Brand owners should also account for the possibility that customs or a court may require security or an indemnity to protect the declarant against a wrongful seizure.

Who pays storage and handling, and when is security required?

Storage and handling costs may ultimately be billed to the importer or consignee, particularly where infringement is confirmed. However, under the EU regime the right-holder undertakes certain obligations, including bearing the costs of storage and destruction and potentially compensating the holder of the goods where a detention proves unjustified. The practical lesson is to treat the application as the start of a funded enforcement project, not a free standalone remedy, budget for the civil follow-through from the outset.

7. Practical templates and checklist: the legal-use toolkit

Preparation separates a swift seizure from a missed deadline. Keep a ready-to-deploy toolkit so that when customs make contact, you can respond within the statutory window. A complete toolkit should contain an application checklist, a sample statement describing your rights and the distinguishing features of genuine products, a photographic comparison checklist, and the standard form text for customs recordation.

• Application checklist. Every right, certificate and contact detail required for a complete AFA.
• Statement of ownership and authenticity. A template your authorised signatory can execute at short notice.
• Photo and comparison guide. Side-by-side images and markers customs officers can use at the point of inspection.
• Response template. Pre-drafted confirmation of infringement and destruction request, ready to return within the deadline.

How to work with customs brokers and logistics partners

Brokers, freight forwarders and warehouse operators sit on the documentary record of a shipment. Building relationships with reliable logistics partners, and briefing them on your enforcement posture, speeds the identification of suspect consignments and the gathering of supplier intelligence. These partners are not substitutes for legal advice, but they can materially improve the quality and speed of a customs seizure France response.

8. Choosing counsel: what to ask an IP lawyer in France for a customs seizure

The quality of counsel can determine whether a border detention becomes a durable enforcement win. When selecting a lawyer or firm for cross-border customs enforcement, work through a focused checklist rather than relying on reputation alone:

• Qualification to practise before the French bar and experience with the competent IP courts.
• A demonstrable track record in customs recordation and border measures, not just general IP litigation.
• Cross-border litigation capability for multi-jurisdiction supply chains.
• Working languages that match your business and your suppliers.
• Responsiveness, the ability to act within customs’ working-day deadlines.
• Familiarity with the specialised IP chambers and with référé practice.
• Transparent fee structures covering both the application and the civil follow-through.

You can shortlist qualified practitioners through the GLE lawyer directory: France, IP Litigation and review the broader IP Litigation, France practice area to understand the range of enforcement services available.

Conclusion

A customs seizure France strategy gives brand owners something no inland remedy can match: the ability to stop counterfeit goods at the frontier before they ever reach the market. The practical takeaway is clear, if infringing goods are still at the border, record your rights with French Customs, keep a response-ready toolkit on hand, and act within the statutory deadlines to secure a detention, then convert that detention into lasting relief through the destruction procedure, référé or civil proceedings. Combined, the EU border regime and the French courts deliver both speed and depth.

Brand owners and in-house counsel evaluating their options in 2026 should treat customs enforcement as a valuable first move in a coordinated enforcement plan, and seek specialist advice to prepare their application and manage the follow-on litigation. This article is general information and not a substitute for bespoke legal advice.

Sources

1. EUR-Lex, Regulation (EU) No 608/2013 on customs enforcement of intellectual property rights
2. EUR-Lex, Union Customs Code (Regulation (EU) No 952/2013)
3. Douane.gouv.fr, French Customs (IP and border measures)
4. European Commission, Counterfeit, piracy and other IPR violations at the border
5. EUIPO, IP Enforcement Portal
6. Legifrance, Code de la propriété intellectuelle
7. WIPO, IP enforcement resources