Border Force brand protection: who pays?
Your business accepts costs from detention, including administration, handling, transport, storage and destruction. Legal costs and compensation can also arise if goods do not infringe your rights or action ends because of your error. Supplier evidence can be coordinated by Cambridge China Bridge.
Identify the responsibility before applying
HMRC says the applicant is liable for costs incurred from the moment Border Force detains suspected goods. Before applying, identify the business accepting that responsibility and the person authorised internally to approve expenditure.
This guide concerns the financial commitment of requesting protection for your brand. For checks when buying someone else’s branded stock, see avoiding counterfeit products from China.
Prepare a detention cost plan
The cost categories include administration, handling, transport, storage and destruction. Ask HMRC how charges will be notified and evidenced. Prepare a budget file covering the goods’ size, handling needs, storage arrangements and possible disposal method.
Keep this file separate from your normal shipment budget, covered in hidden costs of importing. Ask who will review invoices, approve payment and track unresolved charges. Do not assume your factory quotation includes brand enforcement expenditure.
Control the destruction decision
Border Force requires you to confirm whether you think the goods infringe your rights and whether you agree to destruction.
Appoint a contact and a deputy who can assess the evidence and obtain spending approval. Before replying, compare the detained goods with approved samples, markings and supplier records. Ask for clarification where photographs or descriptions leave authenticity uncertain, and record the reasons for your decision.
Understand the compensation exposure
HMRC also states liability for legal costs and the goods owner’s losses if you or a court confirm non-infringement, or action is discontinued because of your error.
Ask a UK intellectual property solicitor to review uncertain cases before you confirm infringement. Keep the evidence supplied, the assessment made and the response sent together. Ask your insurer specifically about detention decisions, destruction and compensation claims rather than assuming general business cover applies.
Build an internal approval file
Before applying, document your finance contact, spending approval route, evidence reviewer and access to legal advice. Discuss likely storage and disposal arrangements for your particular products. Ask how to obtain an updated cost position when a case remains unresolved.
Use protecting your IP and tooling for the wider sourcing arrangements. Cambridge China Bridge’s own staff in China can coordinate supplier enquiries and physical checks; ask for records that help distinguish approved production from suspect goods.
Frequently asked questions
When does my liability for detention costs start?
HMRC says it starts when Border Force detains the suspected goods. Arrange an internal spending approval route before applying.
Does my business pay for storage and destruction?
Yes. HMRC includes storage and destruction among the applicant’s cost responsibilities. Ask how charges and supporting records will be provided.
Could I owe compensation for a mistaken detention?
HMRC states liability for legal costs and the owner’s losses if you or a court confirm non-infringement, or action is discontinued because of your error.
What should I prepare before requesting brand protection?
Prepare an evidence file, finance contact, spending approval route and access to legal advice. Ask your insurer which detention, destruction and compensation risks your policy covers.