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When Dutch Customs (Douane) stops suspected counterfeit goods, the brand owner has 10 working days from the customs notice to confirm the infringement and agree to destruction, and to start court proceedings if the importer objects; otherwise the goods are released. As a Dutch IP lawyer at MAAK Advocaten in Amsterdam, I act for brand owners and importers in those ten days.
This article is for brand owners outside the Netherlands whose products are copied and shipped into the EU through Rotterdam, Schiphol or by post, and for foreign sellers whose goods are held by Dutch Customs. It is part of our pages on intellectual property law in the Netherlands; for enforcement in general, see enforcement of intellectual property rights in the Netherlands. Criminal enforcement is a separate track and outside the scope of this article.
What counts as counterfeit goods at the EU border?
Counterfeit goods bear, without authorisation, a sign identical to a trade mark registered for the same type of goods, or one that cannot be distinguished from it in its essential aspects. Customs acts when there are reasonable indications that goods prima facie infringe an intellectual property right.
Both definitions are in Article 2(5) and (7) of Regulation (EU) No 608/2013. It also covers pirated copies and rights such as designs, copyright and patents (Article 2(1) and (6)). A Benelux trade mark counts as well as an EU trade mark (Article 2(2)(b)), so registration comes first; see brand protection under Dutch law.
Two groups fall outside the Regulation: goods made with the right-holder’s consent, including overruns by an authorised manufacturer, and non-commercial goods in travellers’ personal luggage (Article 1(4) and (5)). Dutch Customs applies the Regulation to cargo, post, courier parcels and luggage arriving from outside the EU, including at Schiphol and in the port of Rotterdam (Parliamentary Paper 32637, No. 592).
How do you get Dutch Customs to watch for your brand?
File an application for action with the customs authorities. No fee is charged, the decision follows within 30 working days, and customs then acts for up to one year, which can be extended on request.
Those rules are in Articles 8, 9(1), 11(1) and 12 of the Regulation. The application is the basic anti-counterfeiting tool at the EU border. It is filed electronically through the EU’s IP Enforcement Portal (IPEP) or a national portal where one is in place (Article 1(3) of Implementing Regulation (EU) No 1352/2013). A request to extend that reaches customs less than 30 working days before expiry may be refused (Article 12(2)).
| Who files | National application (one Member State) | Union application (several Member States) |
|---|---|---|
| Right-holder | Yes, also for a Benelux trade mark (Article 3(1)) | Only for rights with effect throughout the EU, such as an EU trade mark (Article 4) |
| Licensee or distributor formally authorised to start proceedings | Yes (Article 3(2)) | Only an exclusive licensee for two or more Member States (Article 3(3)) |
| Right-holder after a detention without application | Within four working days (Article 5(3)) | No |
If your products are copied, I recommend filing before anything happens. Without an application, customs can still stop goods it spots, but you then have only four working days to file afterwards, and perishable goods are not stopped at all. I prepare the application with your brand team, because its value lies in details only you know: what the genuine product and packaging look like, which codes you use, who your authorised distributors are and which routes the fakes take. With an EU trade mark and fakes arriving through several ports, I choose a Union application; with only a Benelux trade mark, or with the Netherlands as the only gateway, a national one.
See Articles 5(3), 6(3)(g) to (i) and 18(1); a Union application also brings translation costs (Article 29(3)).
Are your products copied and do you want Dutch Customs to watch for them? I prepare your application for action and the plan for the ten working days that follow a detention. Contact me through my page as Dutch intellectual property lawyer.
Customs has detained a shipment: what happens in the first 10 working days?
Customs notifies the declarant or holder of the goods within one working day, and you on the same day or promptly after. From that notice you have 10 working days, three for perishable goods, to confirm the infringement and agree to destruction.
These steps are in Articles 17(3), 18(3) and 23(1). If customs does not receive both written confirmations from you within that period, it releases the goods, unless it has been informed that proceedings have started (Article 23(1), second subparagraph). On request, customs gives you the names and addresses of consignee, consignor and declarant, and the origin and destination of the goods (Article 17(4)).
| When | What happens | Article |
|---|---|---|
| Within 1 working day of detention | Customs notifies the declarant or holder of the goods; the brand owner on the same day or promptly after | 17(3), 18(3) |
| Within 4 working days, if there is no application yet | The brand owner files a national application, or the goods are released | 5(3), 18(4) |
| Within 10 working days (3 for perishable goods) | The brand owner confirms the infringement and agrees to destruction; the importer agrees, objects or stays silent | 23(1) |
| Within the same 10 working days | If the importer objects: the brand owner starts proceedings and informs customs | 23(3) |
| Up to 10 more working days | Extension on a justified request, not for perishable goods | 23(4) |
| No proceedings notified in time | The goods are released | 23(5) |
A message from customs is good news: the goods have not reached the market yet. The clock is what matters now, so on day one I diarise the deadline and ask customs for photos or a sample. Within the first days you tell customs in writing that these goods infringe your trade mark and that you agree to their destruction. If the importer does not respond, customs may treat that as agreement and destroy the goods without a court case. That is my standard route: fast and without a judge. If the importer objects, we are ready to start proceedings before the deadline, and at the same time we offer a settlement: destruction, your costs reimbursed, and the names behind the shipment. You decide what you want; we make sure the deadline never decides for you.
Can counterfeit goods be destroyed without going to court?
Yes. If you confirm the infringement and agree to destruction, and the declarant or holder of the goods agrees or stays silent within the deadline, customs may destroy the goods without any finding of infringement.
That is Article 23(1). Destruction takes place under customs control and under the responsibility of the holder of the decision, the party whose application was granted, unless national law provides otherwise (Articles 2(13) and 23(2)). Customs may ask you to reimburse the costs of storage, handling and destruction; you can seek them from the infringer (Article 29(1) and (2)).
For small consignments, a simpler route applies if your application asked for it: postal or courier parcels with three units or fewer, or a gross weight under two kilograms. Customs itself tells the recipient that it intends to destroy the goods, and may treat silence for 10 working days as agreement. Only if the recipient objects are you notified; you then have 10 working days from that notice to start proceedings (Articles 2(19) and 26).
The importer objects: how do you start proceedings in time?
Start proceedings to determine whether your intellectual property right has been infringed within 10 working days of the customs notice, three for perishable goods, and inform customs. Customs may extend that period by up to 10 working days.
That is Article 23(3) to (5): without timely notice of proceedings, the goods are released. If you fail to start proceedings without a valid reason, customs may suspend its action under your application (Article 16(2)). The period runs from the original customs notice, not from the importer’s objection. An objection on day eight therefore leaves you two working days.
For a Benelux trade mark, the court can order recall or destruction of infringing goods at the infringer’s expense (Article 2.22(1) BCIP). On request, the losing party can also be ordered to pay the winner’s reasonable and proportionate legal costs, unless fairness requires otherwise (Article 1019h Dutch Code of Civil Procedure).
Your goods are held as suspected counterfeits: what can you do as importer?
Object to destruction in writing within 10 working days of the customs notice. If you stay silent, customs may treat that as agreement and destroy the goods. Then gather the evidence that your goods are genuine.
Silence as agreement is in Article 23(1)(c) and, for small consignments, Article 26(6). Goods made with the right-holder’s consent fall outside the Regulation altogether (Article 1(5)). For trade marks and copyright there is no early release against security: that option exists only for designs, patents, utility models, semiconductor topographies and plant varieties (Article 24; see design rights in the Netherlands). If the goods later prove not to infringe, the holder of the decision is liable for your damage under the applicable law (Article 28).
For a seller this is stressful: stock stuck in Rotterdam, a customer waiting, and a letter saying the goods may be destroyed. The one thing you must not do is nothing. First, we object in writing within the period; that costs little and keeps every option open. Second, we put together what proves your goods are genuine: supplier, invoices, and where the brand owner or its licensee first sold them. Third, we contact the brand owner’s side. A case can end there with release or a practical arrangement. If they do go to court, you are ready.
Goods in transit through Rotterdam: can a brand owner stop them?
Often, yes. The owner of an EU or Benelux trade mark can stop counterfeits from outside the EU that are brought in without being released for free circulation, unless the declarant or holder of the goods proves that the owner cannot prohibit their sale in the country of destination.
That rule is in Article 9(4) of the EU Trade Mark Regulation (EU) 2017/1001 and Article 2.20(4) BCIP. That proof must be given in the infringement proceedings started under Regulation 608/2013.
Online orders from outside the EU are within reach too. Under the predecessor regulation, the Court of Justice held that a right-holder is protected when goods that an EU resident bought from a non-EU webshop enter that resident’s Member State, by virtue of that purchase alone (Court of Justice 6 February 2014, C-98/13, Blomqvist, operative part).
What does customs action cost, and what are you liable for?
Filing is free. Customs may ask you to pay storage and destruction costs, which you can seek from the infringer, and you can be liable to the importer under the applicable law if the goods prove not to infringe.
Those rules are in Articles 8, 28 and 29. A granted application does not entitle you to compensation if customs misses infringing goods (Article 27).
Before you file, know the two commitments you sign up for. Customs may ask you to pay the storage and destruction costs of goods it stops for you; those you can claim back from the infringer, and in a settlement I always put them on the table. And if goods turn out not to be infringing, or the case stops because of something you did or failed to do, you are liable to the importer for the damage. That risk is small when you only confirm what is plainly fake, and real when you use customs for borderline cases such as look-alikes or genuine goods from other markets. So we use the customs route for the clear cases, and take the borderline ones to court directly.
Practice example: a US sports shoe brand (illustration)
Suppose a US maker of sports shoes holds an EU trade mark and a granted Union application covering the Netherlands. Dutch Customs detains a container of shoes bearing its mark in Rotterdam. This is an illustration, not a real case.
The brand team confirms within days that the shoes are fake and agrees to destruction. On day eight, the importer objects, which leaves two working days. The brand owner’s Dutch lawyer has prepared the claim since day one, starts proceedings on day nine and informs customs (Article 23(3)). At the same time, the importer receives a settlement offer: destruction and reimbursement of the storage costs.
When do you need a Dutch lawyer?
As soon as the importer objects, and ideally when you set up the application. Court proceedings in the Netherlands must then start within the ten working days from the customs notice; missing that deadline releases the goods.
Much of the work you can do yourself, and I would tell you so. Your brand team can file the application with customs and confirm that seized goods are fake; in a clear case where the importer stays silent, the goods are destroyed without a judge. The moment the importer objects, it changes. You then have what is left of the ten working days from the customs notice to start court proceedings in the Netherlands, extendable by at most ten more, and if you miss that, the goods are released. That is when you need a Dutch lawyer who has the claim ready, knows which court and which procedure fit, and tells customs in time. My advice is to arrange that before the first detention, so that day eight does not become a scramble.
Against sellers inside the Netherlands, enforcement continues after the border; see enforcing trade mark rights in the Netherlands. Customs information may be used only for the purposes in Article 21, such as infringement proceedings and damages claims.
How does MAAK Advocaten handle customs seizures?
As a law firm in Amsterdam, we act for brand owners and their distributors, and for importers whose goods are held. We set up the application, watch the deadlines, deal with Dutch Customs and the other side, and go to court when needed.
Companies from outside the EU can get three things wrong. They think customs will decide whether the goods are fake. It does not: customs destroys goods only with agreement, and if the other side objects, a court decides. They underestimate the clock: ten working days from the notice, not from when the email reaches the right person at head office. And they assume that goods merely passing through Rotterdam to another continent are out of reach. They are not always. We go to court when needed, in summary proceedings (kort geding) or proceedings on the merits, in first instance and on appeal. You know your products and your markets; the Dutch procedure and its deadlines we take off your hands.
Frequently asked questions
Does Dutch Customs check for counterfeit goods?
Yes. Dutch Customs acts under Regulation (EU) No 608/2013 against goods suspected of infringing intellectual property rights, in cargo, post, courier parcels and luggage, including at Schiphol and in Rotterdam. It acts on an application by the right-holder and also on its own initiative.
How long does Dutch Customs hold suspected counterfeit goods?
Ten working days from the customs notice, three for perishable goods. Within that period the goods are destroyed with agreement, or the brand owner starts court proceedings; customs may extend the period by up to 10 working days. Otherwise the goods are released (Article 23 Regulation 608/2013).
Does an application for action cost anything?
No fee is charged for the application or its extension (Articles 8 and 12 Regulation 608/2013). Customs may ask the brand owner to reimburse storage, handling and destruction costs, which can be claimed back from the infringer (Article 29). A Union application also brings translation costs.
Can my Dutch distributor file the application for action?
Only with a formal authorisation from you to start infringement proceedings, and then only a national application. An exclusive licensee for two or more Member States can, with that authorisation, also file a Union application (Article 3 Regulation 608/2013).
What happens if I ignore a customs notice about my goods?
After 10 working days, three for perishable goods, customs may treat your silence as agreement to destruction and destroy the goods without a court ruling (Articles 23(1)(c) and 26(6) Regulation 608/2013). Objecting in writing within the period keeps your options open.
Primary sources
- Regulation (EU) No 608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights, OJ L 181, 29.6.2013: Articles 1 to 6, 8, 9, 11, 12, 16 to 19, 21, 23, 24 and 26 to 29
- Implementing Regulation (EU) No 1352/2013 (application forms), consolidated version of 24 November 2025: Article 1(3)
- Regulation (EU) 2017/1001 on the European Union trade mark, consolidated version of 1 December 2025: Article 9(4)
- Article 2.20 BCIP (paragraph 4, goods in transit) and Article 2.22 BCIP (paragraph 1, recall and destruction), Benelux Convention on Intellectual Property
- Article 1019h Dutch Code of Civil Procedure: legal costs in intellectual property cases
- Court of Justice 6 February 2014, C-98/13, Blomqvist, ECLI:EU:C:2014:55: goods bought online from outside the EU (under predecessor Regulation (EC) No 1383/2003)
- Regulation (EU) 2026/2108 (Union Customs Code), OJ L, 2026/2108, 19.9.2026: applies mainly from 21 September 2027 (Article 287(2)); does not mention Regulation (EU) No 608/2013
- Parliamentary Paper 32637, No. 592, letter of 20 December 2023: customs enforcement in the Netherlands
Last checked on 4 November 2026 · next relevant date: 21 September 2027 (the new Union Customs Code, Regulation (EU) 2026/2108, applies)
Has Dutch Customs stopped a shipment with your brand on it, or with your goods in it? Put your situation to me while the ten working days are running: call +31 20 210 31 38 or send your question through my page as Dutch intellectual property lawyer.
