Customs detained my goods for IP infringement
Read the detention notice immediately, confirm the destruction deadline and seek UK intellectual property legal advice. Gather original records linking the supplier and permissions to the detained shipment. Respond through the stated channel and retain proof of receipt. Supplier enquiries in China can be coordinated by Cambridge China Bridge.
Check the notice and destruction deadline
Save the notice, attachments and the message through which they arrived. Identify the case reference, detained products, alleged rights and response recipient. Ask your broker to forward the complete notice rather than summarise it. Record the exact deadline and ask the issuing officer to clarify any uncertainty about when the notification period starts.
HMRC guidance says importers or owners receive either 3 or 10 working days to agree or object to destruction. Check the period specified for your shipment. Under the described procedure, silence can lead to destruction when the rights holder agrees. Do not assume supplier enquiries or a request for more time stop the deadline.
Get UK legal advice while collecting evidence
Send a UK intellectual property solicitor the notice, shipment documents, product photographs and supplier correspondence promptly. Ask them to identify the procedure in use, assess the alleged infringement and advise whether to consent or object to destruction. Explain whether you bought branded stock, commissioned manufacture or supplied the design.
Separate evidence that goods are genuine from permission to import or resell them. Ask your solicitor to review any unclear territorial or sales-channel permissions. Our guide to avoiding counterfeit products covers the underlying brand checks; use this detention file to connect those checks to the actual shipment.
Obtain original records for the detained shipment
Retrieve original invoices, purchase orders, payment records, packing lists and transport documents. Ask the supplier for upstream purchase and delivery records where an intermediary supplied the goods. Match company names, models, quantities and batch markings to the detained cartons. Preserve originals unchanged, keep translations alongside them and ask the issuer to explain discrepancies.
Request complete authorisation documents and verify them through independently obtained rights-holder contact details. Record who supplied each document and when it arrived. Ask the supplier to preserve production records and retained samples. Use batch traceability to organise the connections, and authenticity complaint evidence for document handling.
Respond explicitly through the notice channel
Following legal advice, state clearly whether you agree or object to destruction. Identify the case and affected goods, explain your factual position and index the supporting documents. Mark missing evidence as pending. Send the response to the recipient specified in the notice before its deadline; retain the submitted files and seek confirmation of receipt.
HMRC guidance says that, if the importer objects, the rights holder has until the end of the notice period to show proceedings have started; otherwise Border Force will release the goods. Let your solicitor track that position with the officer. An objection is not a finding that the goods are genuine or that you may sell them.
Keep shipment control separate from the dispute
Ask the officer about access to inspect the detained goods and obtain photographs of the disputed features, labels and batch markings. Ask your broker and carrier where the shipment is held and what storage or collection arrangements apply. Keep customers informed of uncertain delivery without promising a release date.
Obtain written confirmation of the shipment's status before arranging collection. Use UK customs clearance for the wider clearance workflow. Review related stock and repeat orders with your solicitor before further dispatch. Cambridge China Bridge's own staff in China can request supplier records and coordinate physical checks while your UK solicitor handles the legal response.
Frequently asked questions
How long do I have to respond to customs?
HMRC guidance gives importers or owners either 3 or 10 working days to agree or object to destruction. Check your notice's exact deadline and ask the issuing officer to clarify it immediately.
Can customs destroy my goods if I do not reply?
Under the described IP procedure, goods can be destroyed when the rights holder agrees and the importer or owner does not respond within the notification period. Seek legal advice and respond in time.
Will a factory invoice prove my goods are genuine?
Treat it as part of the evidence. Verify its origin, link it to the detained goods and trace the stock upstream. Check brand authorisation separately and preserve the original document.
Does objecting to destruction mean immediate release?
Do not plan delivery on that assumption. Ask your solicitor to track the rights holder's proceedings deadline and obtain written shipment-status confirmation before arranging collection.