Counterfeit goods at the UK border — Border Force seizure and IP rights protection

How Border Force detects and seizes goods infringing IP rights

Border Force — the executive arm of HMRC responsible for border control in the UK — has statutory powers to detain shipments suspected of infringing intellectual property rights. These powers derive from the Trade Marks Act 1994, the Copyright, Designs and Patents Act 1988, and provisions that implemented EU IP regulations in UK law before Brexit and were subsequently retained in the domestic legal order.

Detection of counterfeits and pirated goods takes place through multiple channels. Border Force applies risk analysis based on importer profiles, countries of origin, types of goods, and customs declaration history. Shipments from countries with a high rate of counterfeiting (principally China, Hong Kong, Turkey, India, and Bangladesh) are scanned with greater frequency. Alongside risk analysis, there is a system of notifications from IP rights holders — the Application for Action (AFA) — which obliges Border Force to actively detain specified categories of goods at the request of the rights holder.

According to gov.uk guidance, Border Force works closely with HMRC Intelligence, Trading Standards, and the UK Intellectual Property Office (UKIPO) to identify and handle IP infringement cases. For importers this means that IP checks at the border are not random events — they are the result of systematic analysis of customs data. Providing false information on a commercial invoice and IP verification (commercial invoice) increases the risk of a detailed inspection.

Once a shipment is detained, Border Force examines the goods and assesses whether there are grounds to suspect IP infringement. If so — the importer and the IP rights holder (if registered in the AFA system) are notified. Further action depends on the importer's response. Source: gov.uk/government/publications/notice-34-intellectual-property-rights.

Types of IP infringement at the UK border — counterfeits, piracy, registered designs

Border Force can detain goods infringing several categories of intellectual property rights protected under UK law. It is important to understand that customs IP enforcement is not limited to counterfeit luxury handbags — it covers a much wider range of products.

Trade mark infringements

The most common category — goods bearing a trade mark without the owner's consent. This covers both identical copies (classic counterfeits) and goods bearing similar marks capable of misleading consumers as to their origin. Trade marks in the UK are managed by UKIPO. Since Brexit, every trade mark must be separately registered in the UK — registration at EUIPO (EU trade mark) does not confer automatic protection in Great Britain for new applications filed after 1 January 2021. Trade mark protection in the UK derives from the Trade Marks Act 1994.

Pirated copies — copyright infringement

Goods that are unauthorised copies of copyright-protected works: software on physical media, films and music on DVD/Blu-ray, textbooks, books, and computer games. Protection in the UK derives from the Copyright, Designs and Patents Act 1988. Border Force has the power to detain and destroy such goods even where the importer claims ignorance of the infringement.

Registered design and patent infringements

Goods copying protected registered designs or incorporating protected inventions (patents) may be subject to customs action. In practice this category is less common at the customs control stage, as it requires more detailed technical analysis. Nevertheless, the owner of a patent or design registered in the UK may file an AFA and request detention of consignments suspected of infringement. The register of designs and patents is maintained by UKIPO.

Scope of goods — not only luxury products

It is worth emphasising: Border Force IP enforcement covers, among other things, fake electronic and electrical components (which create safety risks), counterfeit medicines and dietary supplements, non-genuine vehicle spare parts, counterfeit food and drink products (fake food), and pirated software and digital content on physical media. Importers sourcing goods from unverified third-country suppliers should factor in this risk when conducting compliance analysis. Correctly quoting an EORI number in a customs declaration is a necessary but not sufficient condition — IP verification is a separate requirement. Source: gov.uk/government/publications/notice-34-intellectual-property-rights.

Procedure after goods are seized — what the importer can do

Once Border Force detains goods suspected of IP infringement, a formal procedure defined by HMRC is set in motion. Knowing this procedure is critical for an importer who wishes to defend their position or minimise the consequences of a seizure.

Step 1 — notification of the importer

Border Force notifies the importer (or their customs agent) of the detention of the shipment and the suspected IP infringement. The notification specifies the type of infringement and the details of the IP rights holder, if they are registered in the AFA system. At the same time — if the rights holder is registered in the AFA — Border Force also notifies the brand owner of the detention.

Step 2 — 10 working days to object

The importer has 10 working days from the date of notification to lodge a written objection to the detention. The objection should include evidence that the goods are genuine or that they do not infringe the IP rights cited — for example licences, agreements with the brand owner, certificates of authenticity, or proof of purchase from an authorised distributor. Failure to respond within 10 working days is treated as the importer's consent to the destruction of the goods.

Step 3 — destruction or release of goods

If the importer does not lodge an objection or withdraws it, the goods are destroyed. Destruction takes place without the need to initiate court proceedings (the so-called simplified procedure). Storage and destruction costs are borne by the importer. If the importer lodges an objection and does not withdraw it, the IP rights holder must initiate court proceedings within the following 10 working days to prevent the goods from being released. If no court proceedings are commenced, the goods are released to the importer.

The role of the customs agent

Customs agents acting as direct or indirect representatives of the importer may receive notifications from Border Force. It is therefore particularly important to ensure a precise CDS customs declaration with correct importer data — incorrect data delays notification and may result in the deadline for lodging an objection being missed. Source: gov.uk/government/publications/notice-34-intellectual-property-rights.

Application for Action (AFA) — how a brand owner registers customs protection

The Application for Action (AFA) is the mechanism by which IP rights holders can proactively protect their brands and products at the UK border. An AFA is submitted to HMRC — once accepted, Border Force is obliged to actively search for and detain consignments infringing the IP rights cited in the application.

Who can submit an AFA

An AFA may be submitted by any holder of IP rights protected in the UK: owners of UK trade marks (registered with UKIPO), owners of copyright in specific works (software, audiovisual content, publications), owners of UK registered designs, and owners of UK patents. An important note for European companies: AFA customs protection in the UK operates exclusively on the basis of rights registered in the UK. An EU trade mark (EUTM) registered with EUIPO does not entitle the holder to submit an AFA for the UK border — registration with UKIPO is required.

How to submit an AFA — the procedure

An AFA application is submitted to HMRC. According to gov.uk guidance, the form includes: details of the IP rights holder, a description of the protected rights (registration numbers, goods classes), a detailed description of genuine goods and how to identify them, examples of counterfeits or pirated copies (if available), countries of manufacture and transit routes through which goods may be imported into the UK. The AFA is free of charge — HMRC does not charge a fee for registration. A decision from HMRC on acceptance of the AFA is typically issued within a few weeks of submitting a complete application. A registered AFA is valid for a specified period and is subject to renewal.

How the AFA works in practice

Once an AFA is registered, Border Force checks active applications when inspecting shipments and detains goods matching the infringement profile specified by the brand owner. The brand owner is promptly notified of each detention. They then have the opportunity to assess a sample of the goods and confirm whether an infringement has occurred (or not). Companies with AEO status and UK customs controls have enhanced relationships with HMRC, which may facilitate communication in the event of IP disputes. Source: gov.uk/government/publications/notice-34-intellectual-property-rights.

Brexit and IP protection in the UK — EU trade marks are no longer sufficient

Brexit had a fundamental impact on the intellectual property protection system in the context of UK–EU trade. Understanding the new division is essential both for brand owners seeking to protect their products in the UK and for importers who need to know whether their existing licences cover the UK.

Before Brexit — a single European system

Until 31 December 2020, the UK was part of the European IP system managed by EUIPO (the European Union Intellectual Property Office). An EU trade mark (EUTM) registered with EUIPO automatically extended protection to UK territory. The same applied to EU-wide registered community designs (RCD — Registered Community Design) managed by EUIPO.

After Brexit — two separate systems

From 1 January 2021, the UK and EU have entirely separate systems for trade mark and design protection. New trade mark applications at EUIPO do not cover the UK — a separate registration with UKIPO is required. Owners of EUTMs registered before 1 January 2021 automatically received so-called comparable UK trade marks — UK equivalents with the same priority date. These automatic equivalents remain valid and may form the basis for an AFA in the UK. Companies that registered an EUTM after 1 January 2021 or are planning a new registration must file a separate application with UKIPO. UKIPO (the Intellectual Property Office), headquartered in Newport, is the body managing the register of trade marks, patents, and designs in the UK. Its website: gov.uk/government/organisations/intellectual-property-office.

Implications for importers and exporters

Importers bringing goods into the UK must ensure they hold valid IP licences applicable in the UK — a licence covering an EU trade mark alone is not sufficient. Exporters distributing branded goods should verify whether the manufacturer's licence covers the UK as a separate jurisdiction. Particularly sensitive sectors include: branded clothing and footwear, cosmetics, consumer electronics, games and software, pharmaceuticals and dietary supplements. Proper UK import customs handling and compliance includes verifying the IP status of imported goods at the supply chain planning stage, not only after Border Force has seized a shipment. Source: gov.uk/government/organisations/intellectual-property-office.

Consequences for the importer — penalties, forfeiture, criminal prosecution

Importing goods that infringe IP rights into the UK carries consequences at several levels — from administrative (seizure and destruction of goods) to criminal (court proceedings and imprisonment). Ignorance of the law is not a mitigating factor.

Forfeiture and destruction of goods

The primary consequence is the seizure and destruction of goods by Border Force. The importer loses the value of the goods without compensation. Storage costs in a customs warehouse and destruction costs are invoiced to the importer. For large consignments these costs can be significant. The goods are not returned to the importer even if they claim to have purchased them in good faith — UK law does not provide for such an exception.

Civil liability

The IP rights holder may bring civil proceedings for damages for IP infringement. UK courts may award damages covering the brand owner's lost profits, the importer's profits from selling the counterfeit goods (account of profits), and the costs of the proceedings. Civil claims are independent of criminal proceedings and may be pursued simultaneously.

Criminal liability

The Trade Marks Act 1994 (section 92) criminalises trading in goods bearing a counterfeit trade mark. Maximum penalty: 10 years' imprisonment and/or an unlimited fine (following reform, the custodial term in a magistrates' court is up to 6 months; in the Crown Court up to 10 years). The Copyright, Designs and Patents Act 1988 criminalises trading in pirated copies of copyright-protected works — similar sanctions apply. Criminal proceedings are brought by the Crown Prosecution Service (CPS) or Trading Standards, often in cooperation with HMRC Intelligence. The importer's trading record and customs declaration history are taken into account when assessing the scale and intent of the infringement.

Long-term commercial consequences

Beyond formal penalties, an importer convicted of IP infringement may be placed on a list of entities subject to enhanced customs scrutiny, lose AEO status or the ability to obtain it, encounter difficulties in obtaining trade credit from suppliers, and suffer reputational damage. Entities operating under customs procedures with a CDS customs declaration are identified by their EORI number — the history of infringements is attributed to the entity. Source: gov.uk/government/publications/notice-34-intellectual-property-rights.

What the current official rules mean — summary

UK Border Force is authorised to detain, hold, and destroy goods imported into the UK that infringe intellectual property rights — trade marks, copyright, registered designs, and patents. IP rights holders may register customs protection through the free AFA (Application for Action) mechanism submitted to HMRC. Once goods are detained, the importer has 10 working days to lodge an objection — failing to do so results in the goods being destroyed at their expense. Since Brexit, IP protection in the UK operates under a separate national system managed by UKIPO — EU trade marks registered after 1 January 2021 do not confer automatic protection in the UK. Consequences for the importer: forfeiture of goods, destruction costs, civil liability, and criminal liability of up to 10 years' imprisonment. Unintentional IP infringement is not automatically an excluding circumstance — due diligence in verifying suppliers is essential. This article reflects the legal position as at 2026-06-06. Please contact a customs broker before taking any action.

FAQ — frequently asked questions

What is an Application for Action (AFA) and how does it protect a brand in the UK?

An Application for Action (AFA) is an application submitted by an IP rights holder to HMRC, on the basis of which Border Force is required to detain and hold shipments suspected of infringing those rights. The application is submitted online or in writing to HMRC. Once accepted by HMRC, all shipments suspected of infringement are automatically held by Border Force and the brand owner is notified. The AFA is free of charge. Source: gov.uk/government/publications/notice-34-intellectual-property-rights.

What happens to goods seized by Border Force for IP infringement?

After seizure by Border Force, HMRC notifies the importer of the suspected IP infringement. The importer has 10 working days to lodge an objection. If the importer does not object or the objection is rejected, the goods are destroyed at the importer's expense. Destruction takes place without court proceedings if the importer consents or fails to respond within the deadline (the so-called simplified procedure). Source: gov.uk/government/publications/notice-34-intellectual-property-rights.

Does an EU trade mark protect against counterfeits imported into the UK?

No. Since Brexit, an EU trade mark (EUTM) registered with EUIPO does not automatically extend protection to Great Britain. For a brand to be protected in the UK and for the Border Force AFA mechanism to apply, you must hold a separate UK trade mark registered with UKIPO (the Intellectual Property Office). Companies that held an EUTM before 1 January 2021 received automatic UK equivalents (known as comparable trade marks), but new applications require a separate registration. Source: gov.uk/government/organisations/intellectual-property-office.

What consequences does an importer face for bringing counterfeit goods into the UK?

Consequences include: (1) seizure and destruction of goods by Border Force without compensation, (2) liability for storage and destruction costs, (3) criminal prosecution under the Trade Marks Act 1994 and the Copyright, Designs and Patents Act 1988 — up to 10 years' imprisonment and/or an unlimited fine, (4) referral to Trading Standards, (5) a civil claim by the brand owner for damages. Ignorance of the law is not a mitigating factor. Source: gov.uk/government/publications/notice-34-intellectual-property-rights.

How can I avoid unintentionally importing goods that infringe IP rights into the UK?

Key preventive steps: (1) verify suppliers — check they are authorised distributors or manufacturers, (2) search the UK trade mark registers at UKIPO before importing new products, (3) require your supplier to provide an IP compliance declaration and certificates of authenticity, (4) exercise particular caution when sourcing from Asia — the main origin of counterfeit goods, (5) consult a customs broker before the first import of a new product category. More on compliance: UK import customs handling and compliance. Source: gov.uk/government/publications/notice-34-intellectual-property-rights.

Official sources

• Importing goods that infringe intellectual property rights — HMRC guidance — GOV.UK
• Intellectual Property Office (UKIPO) — GOV.UK

Glossary of terms used in this article

AFA (Application for Action)

A free application by an IP rights holder to HMRC, obliging Border Force to actively intercept goods infringing the specified IP rights at the UK border.

Border Force

The executive arm of HMRC responsible for border control in the UK — customs clearance and the control of persons and goods at airports, seaports, and the Channel Tunnel.

EUTM (European Union Trade Mark)

An EU trade mark registered with EUIPO, conferring protection across all EU member states. Since Brexit, it does not automatically extend to UK territory for new applications.

IP (Intellectual Property)

Exclusive rights to intellectual creations: trade marks, copyright, patents, and registered designs. In the UK these are protected respectively by the Trade Marks Act 1994, the Copyright, Designs and Patents Act 1988, and the Patents Act 1977.

UKIPO (UK Intellectual Property Office)

The body managing the register of trade marks, patents, and registered designs in Great Britain. Headquarters: Newport, Wales. Website: gov.uk/government/organisations/intellectual-property-office.

Simplified procedure

The procedure for destroying detained IP goods without court proceedings — applied when the importer has not lodged an objection or has consented to destruction within 10 working days of notification.

Trading Standards

Local consumer and trading standards enforcement bodies in the UK, working alongside Border Force and HMRC to prosecute IP infringements in the domestic market.