How to ask Border Force to detain counterfeits
Make an Application for Action through HMRC’s online service to request detention of suspected infringing goods. Check your eligibility, prepare rights and identification information, and apply before the expected shipment. Supplier records and product photographs can be coordinated by Cambridge China Bridge.
Check who can apply
HMRC accepts applications from intellectual property rights holders, rights management collective bodies, or people formally authorised both to use the rights and start court proceedings to protect them. If your buying company and brand owner are different entities, clarify who will apply and keep the supporting authority ready.
This guide covers requesting UK border action for your own brand. For checks before buying someone else’s branded stock, use avoiding counterfeit products from China. For wider sourcing precautions, see protecting your IP and tooling.
Prepare rights and product information
HMRC asks for information about the rights you want to protect. This can include the right’s type, expiry date, description and use, and technical details such as its registration number or Nice class. Prepare a rights schedule linking each right to the relevant products and brand artwork.
HMRC also accepts supporting information to help identify genuine or counterfeit goods and assess risk, including markings, barcodes, images, authorised distributors and routes. Prepare labelled comparison photographs and explain distinguishing features. Use batch traceability with a Chinese supplier to organise factory and shipment records.
Submit before the shipment is expected
Send the application at least 30 working days before you want monitoring to start or expect infringing goods to be imported or exported. Use HMRC’s online service with your Government Gateway sign-in. HMRC accepts emailed attachments only exceptionally where the information cannot be submitted through the form.
Save the submission reference from the confirmation page. Additional identification and risk information can be emailed to HMRC’s Intellectual Property Rights Approvals Team with that reference. Keep a copy of the submitted material and nominate someone to handle follow-up questions.
Plan approval, costs and ongoing administration
HMRC normally writes within 30 working days of receiving the application to tell you it has been granted. Approval is valid for one year from the decision. Put the expiry date in your diary and review the product information whenever packaging or authorised supply routes change.
Applying is free, but you are liable for costs incurred from detention, including administration, handling, transport, storage and destruction. HMRC also identifies liability for legal costs and compensation if goods are confirmed not to infringe or action stops because of your error. Agree an internal spending authority and seek advice on uncertain cases.
Be ready to assess detained goods
If Border Force detects suspect goods, it contacts you to assess whether they are genuine. You must confirm whether you think they infringe your rights and whether you agree to destruction. The reply period is 3 working days for perishable goods and 10 working days for non-perishable goods. Arrange a contact and cover who can assess photographs against your genuine product records.
If the importer or owner objects to destruction, HMRC says you must show that proceedings have started before the notice period ends; otherwise Border Force releases the goods. Arrange access to an intellectual property solicitor in advance. Cambridge China Bridge’s own staff in China can help assemble supplier records and product photographs for your assessment.
Frequently asked questions
Can my sourcing agent apply for my brand?
Being your sourcing agent alone does not establish eligibility. HMRC accepts a formally authorised applicant who can both use the rights and start court proceedings to protect them.
How early should I apply to Border Force?
HMRC says to apply at least 30 working days before monitoring should start or suspected infringing goods are expected to be imported or exported.
Is an Application for Action free?
The application is free. You are liable for costs incurred from detention, including administration, handling, transport, storage and destruction. Legal costs and compensation can also arise.
Does applying mean Border Force will destroy the goods?
An application requests detention of suspected infringing goods. Destruction has a separate process. If the importer objects, you must show proceedings have started within the notice period or the goods are released.