Protection of right-holders

Companies holding trademark, patent, copyright or other intellectual property rights in products may, as right-holders, make applications for customs action. Please note that registration of product rights takes place through the respective patent authorities.

In the application procedure the right-holder sends the customs authorities information and materials for the purpose of identifying goods infringing intellectual property rights. Such applications make the work of the customs authorities significantly easier and allow for immediate intervention when a right has been infringed.

Applications for action may be submitted to the Klagenfurt Villach customs office by the domestic or foreign right-holder. The application must be made using the specified form. You must use the “National application” form pursuant to Regulation (EC) No. 1891/2004 even if you are the holder of one of the Community rights listed below and would like to make the application only in Austria.

Holders of a Community trademark, Community design right, Community plant variety right or Community intellectual property right in a designation of origin or a geographical indication have the option of filing one application for action for several Member States. Such an application must be filed with a competent authority of a Member State, which can then grant the application for one or more other Member States. If you intend to make an application in this way, you must use the “Community application” form pursuant to Regulation (EC) No. 1891/2004.

The Manual for lodging applications for customs action explains the application procedure and provides assistance when questions arise. The manual is divided into two main sections, one for National applications and one for Community applications. The manual also contains model forms which the right-holder can use to provide information to the customs authorities.

Forms and manuals in other languages are available at the European Commission’s Taxation and Customs Union Directorate-General website.