Counterfeit goods face destruction

Buying counterfeit goods and receiving them in the post is about to end with customs getting powers to burn them almost on the spot, while they will be able to destroy larger quantities without getting a court order.

Clothing and other goods that have the trade mark of a well-known brand — even if it is only similar to the brand mark — will be confiscated too. And any chips designed to get around devices to let them play illegal games, for instance, will also be taken and destroyed.

Travellers, too, will need to be careful how much of any suspected counterfeit good they bring home. If officials think a person plans to sell the goods, they can take them.

A proposal to take any counterfeit goods from individuals even if they were wearing them was dropped, leaving travellers with whatever they bought abroad, even if it is counterfeit. Handcrafts and other non-food items that are linked to a particular region cannot be copied illegally, and they too will be subject to confiscation.

The new rules, which come into force in January, are designed to plug gaps in the counterfeit business.

Up to now, customs did not have the power to destroy small packets of goods coming through the post. But with the amount of goods in the post increasing by 300% in just two years because of internet purchases, the EU decided it was time to update the law.

The process for customs dealing with fakes has also been simplified, with a trademark owner alerting Customs to the fact and asking them to seize and destroy counterfeits.

The intended recipient will be asked if they agree to their destruction without having to go through a complex process that could cost them time and money.

Customs in all member states will be obliged to destroy all fake goods seized within a very short time of their being seized. They will also have power to take illegal goods just passing through the EU on their way to its final destination.

A special rule has been introduced in relation to medicines to ensure customs officials are not interfering with generics intended for developing countries and will only seize them if they have evidence they are intended for the European market, according to Jergun Ceutzmann, the German Liberal MEP who shepherded the new rules through the European Parliament.

More than 115m suspect goods were stopped in the EU last year, worth and estimated €1.3bn. Just 3.5% were found to be genuine and the rest were destroyed as fakes.

Watches, clothing, bags and shoes, and pirated CDs and DVDs make up a big proportion of goods seized.

Almost all, 87%, come from China with substantial quantities of fake medicines coming from India.