Suspected counterfeit – what happens when a small consignment is detained at customs?

If customs officials suspect that a product ordered from abroad is counterfeit, they'll detain it on import. If it's a small consignment, the IPI is responsible for the procedure up to the destruction or release. It informs the recipient of the parcel of their options.

 

It’s forbidden to import counterfeit products into Switzerland. The customs authority can intercept, and then destroy, products ordered abroad that are suspected of being fakes if rights holders – in particular trade mark owners – have requested it to do so and paid a fee.


The IPI conducts customs assistance procedures for small consignments, i.e. parcels that contain a maximum of three items and have a gross weight of no more than 5kg. 


When a product suspected of being a counterfeit is intercepted, the IPI will send a letter to the person who placed the order to inform them that the goods have been detained. It will also warn the recipient that the product will be destroyed if they do not expressly object before the deadline specified.

 

Brief explanation of the procedure

Watch this 2.5-minute video to learn more about the procedure for small consignments detained by customs and the options and consequences for those who ordered the goods.

  

Frequently asked questions

 

What should I do if I receive a letter from the IPI?

 

You can object to the destruction of the product or expressly accept it within ten working days of receiving of the letter. Please scan the QR code in the letter. Alternatively, you can access the service via this direct link. If you don’t respond by the deadline specified, the product will be destroyed.

 

What will happen if I object to the destruction?

 

The rights holder (e.g. the owner of the trade mark concerned) will be informed. Rights holders can use legal channels and try to demonstrate, in civil proceedings, that the product is a counterfeit and that their intellectual property rights have effectively been infringed.


If the product is found to be a counterfeit, it will be destroyed. The rights holder can then claim damages from you, based on the costs incurred by the procedure.  


If the product is an original, the procedure will be closed and you’ll receive your parcel.

 

When will the rights holder be informed? Will the rights holder have access to my data?

 

It all depends on the destruction procedure that the rights holder has requested.


In the ordinary procedure, the rights holder is always informed – even if you agree to the destruction of the goods or fail to respond before the deadline. The rights holder will be given your name and address and details of the suspected counterfeit. In such cases, the rights holder may claim compensation for the loss or damage caused by the procedure.


In the simplified procedure, the rights holder is not informed if you agree to the destruction of the product or do not expressly object to it. If, however, you refuse the destruction, the rights holder is always informed. If they’re able to prove that the product is a counterfeit, they might claim damages from you. 

 

Beware of scams

Have you received an invoice that you’re not sure is real? Be careful, as fake rights holders may try to demand payment of damages or undue fees. Please don’t hesitate to contact us if you have any questions.

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