Customs Recordal (Border Measures).
It is possible to formally request the Customs surveillance for protecting your IP rights against counterfeiting and infringement. Such request requires recordal of your company and relevant trademarks or copyright with the Customs.
Benefits of Customs Recordal:
The recordal with Customs renders the rights holders entitled to:
Receive immediate notifications from various Saudi Customs ports on incoming suspected shipments bearing the protected IP rights.
File confirmation on the status and nature of the shipment and request release of genuine shipments and destruction of counterfeit and unauthorized shipments.
Place requests for customs to watch on certain shipments (defined by trademark, source, route of shipping, etc.).
Provide updates to Customs officials to make them aware of your trademarks, products and commercial information.
Participate in the Customs events.
Recordal also increases the chances of detaining counterfeit shipment and lessen holding of genuine shipments.
What does Custom’s recordal involve?
Recordal with Customs involves the following:
- Recordal of your company name.
- Recordal of your trademark(s) and/or copyrighted work(s).
- Recordal of our firm as your legal agent before the Saudi Customs.
Requirements for Customs Recordal:
The Customs Recordal with poorly supported documents may result in an ineffective protection. Hence, we request you to provide us with the following documents:
- AA power of attorney authorizing us to represent you before the Saudi Customs Authority (mandatory).
- Copies of Saudi trademark registration certificate(s) (mandatory).
- A brief commercial information on your activity and products (recommended).
- High resolution images of the trademark representations (recommended).
- High resolution images of your genuine products as well as identified fake products, if any (recommended).
- A report outlining the differences between your genuine products and the identified fake products (typically presented in PowerPoint file format and illustrated with images). This has recently become a requirement but can be submitted at a later stage.
How it works?
Following official acceptance of recordal application, we notify the main Customs ports of the recordal and keep them reminded through continuous supply of client-specific information and updates..
When a customs port suspects, a shipment imitates or infringes our client rights or involves information that invokes suspicions in the light of the information provided by us, the customs will formally notify and provide us with samples of the products for analysis and confirmation of their status (whether they are genuine or in any way non-complying). We report the Customs notification together with images of the products to you to analyze and confirm the status. Based on your confirmation, we submit a report to the customs requesting either release of the genuine shipment or permanent seizure of a counterfeit shipment. In relation to counterfeit shipments, we are entitled to obtain full information on the shipment, typically covering inter alia the following key details:
- Quantities of goods.
- Country of origin.
- Exporter’s details.
- Importer’s details (we may also provide commercial registry information upon request).
- Shipping data (port of shipping, port of discharge, etc., vessel, etc.).
- And at a later stage, the Customs decision and actions taken by Customs against importer.