Anwalt Deutschland Fachanwalt deutsch German Lawyer Germany English language Attorney-at-law English Lawyer germany french advocat francais allemagne French Attorney in Germany spanish language abogado alemania Spanish Attorney/ Lawyer in Germany Italian language avvocatto germania Italian Lawyer/ Attorney Germany Portuguese language advogado Alemanha Portuguese Polish speaking Lawyer/ Attorney in Germany adwokat Niemcy Polish Japanese speaking Lawyer/ Attorney in Germany Bengoshi Doitsu Japanese Attorney/ Lawyer Vietnamese language luat su Vietnamese Korean speaking lawyer/ attorney in Germany, Europe Korean Chinese language Lawyer/ Attorney in Germany/ Europe Chinese Lawyer/ Attorney russian speaking advokat Germaniya Russian




Attorneys at law

Law Office Lawyers/ Patent Attorneys Main practice areas Legal matters Client Service Litigation Free templates Offices Brochures Contact News Press FAQ
Competition law  Copyright law  Trademark law  Design law  Patent law  Media law  Online law  Food law  Public law  ITC

German Lawyer patent attorney Germany trademark attorney design attorney european law german attorney hannover germany based attorney at law for ip law it law competition law european law and regulations in germany litigation file suits representative  file german trademark law tm  competition copyright design food law media law patents contract law online law internet law patent law design protection file german patent utility model law lawyer it law contract law agricultural law architectural law banking law civil cervis law domain law employee inventions law financial penalties law food law guarantee law labour law land law pharma law state aid law waste law

Start  IP Application Services  Contact  Online enquiry  Imprint  Data Protection



...Start ...Legal matters ...Border Seizure
Legal matters
Border Seizure
Business start up
Copyright Infringement
Design infringement
Guarrantee Warranty Liability
IP Due Diligence
Litigation and Arbitration
Mediation Arbitration
Minimum Wage
Online Sales
Patent Attorney
Patent Infringement
Pro Bono
Trademark Infringement
Warning letter
Youtube Pinterest Instagram
Attorneys at Law Hannover
Patent Attorneys
Georgstr. 48
30159 Hannover (Hauptsitz)
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
Attorneys at Law Berlin
Patent Attorneys
Wittestraße 30 K
13509 Berlin
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
Attorneys at Law Bielefeld
Patent Attorneys
Herforder Str. 69
33602 Bielefeld
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
Attorneys at Law Bremen
Patent Attorneys
Parkallee 117
28209 Bremen
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
Attorneys at Law Düsseldorf
Patent Attorneys
Grafenberger Allee 293
40237 Düsseldorf
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
Attorneys at Law Frankfurt/ Main
Patent Attorneys
Alfred-Herrhausen-Allee 3-5
65760 Frankfurt-Eschborn
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
Attorneys at Law Hamburg
Patent Attorneys
Colonnaden 5
20354 Hamburg
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
Attorneys at Law Munich
Patent Attorneys
Landsberger Str. 155
80687 Munich

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
Attorneys at Law Stuttgart
Patent Attorneys
Königstraße 80
70173 Stuttgart
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
Patent Attorneys Vienna
Trauttmansdorffgasse 8
1130 Vienna
Fon +43 1.876 15 17
Fax +49 511.35 73 56-29


Border Seizure horak Attorneys at Law - Hanover/ Munich - Germany

Counterfeit or illegally manufactured products which are placed on the market as counterfeit trademarks can be confiscated by the customs authorities under certain conditions.

In this case, we talk about „Border Seizure“(or „Grenzbeschlagnahme“ in Germany) since these seizures take place at the borders.

A distinction is made between:

  • Border Seizure according to Community Legislation and
  • Border Seizure according to national and international legal provisions.

Border Seizure according to Community Legislation (EU Law Border Seizure)

In order to prevent imports of illegal products from non-European countries (the so-called third countries), an appropriate settlement has been established by the EU Regulation (EC) No 1383/2003. The Regulation shall also apply only where the goods are non-Community goods that are under customs supervision or in a free zone.

The application concerning the Community Legislation can be made for almost all industrial /  intellectual property rights. The scope of application covers imports of infringing goods from third countries (even if the goods have already passed the border, but are still under customs supervision, as well as in case of exports to third countries).

Anyone owning one of the following protectives rights is entitled to motion:

  • Trademark or a sign;
  • Patent;
  • A certificate according to the regulation (EEC) No 1768/92 or Regulation (EC) No 1610/96;
  • Copyright or similar protection right;
  • Registered design patent;
  • Protection Variety Law;
  • Protected designation of origin etc.

If there is the suspect that a good is infringing an existent intellectual property (trademark, copyright, design rights, patents, supplementary protection certificates, plant variety rights, designation of origin and geographical indications), the customs authorities shall suspend the release of that product or hold that back.

The suspension of release (Aussetzung der Überlassung- AdÜ) is expressed after the customs declaration has been accepted. In all other cases, a restraint order is carried out (Zurückhaltung- ZvW). The legal consequences of the two measures are identical.

Important: In the case of Community Legislation protection, the application is released for all other Member States; In the case of national protective rights, a separate application must be submitted for each country.

Border Seizure according to national legal provisions (German Law Border Seizure)

Generally, the customs authority will act in accordance with the Community Legislation in case of proceedings against infringing goods. However, the customs authority also has the possibility to take action in intra-Community trade, as well as in cases of products imported in parallel etc. In all those mentioned cases, seizures concern national legal provisions.

Those regards:

  • Parallel imports/ grey import
  • Intra-Community trading
  • Unregistered trademarks and trade names
  • Usage patterns and semiconductor protection.

The customs authorities may confiscate during the export or import. With import and export, is intended every transfer from and in the Federal Republic of Germany. This includes not only transfer from a third country, but also the movement from another Member State. An import is completed with the arrival of the goods at the first destination.

Implementation of Border Seizure

An application must be submitted by the legal owner and a corresponding security deposit (banker´s guarantee). The application requirements are essentially the same as those of the application form under Regulation (EC) No 1383/2003. Contrary to the procedure declared by the Community Legislation (Article 4 of Regulation (EC) No 1383/2003), seizure is prohibited without an authorized application.

In the event of submission of an authorized application, the customs office may order a seizure if the infringement is obvious. This means that the local customs officer must be clearly aware of the infringement and that there should be no reasonable doubt. In practice, the examination of the obvious is the most difficult. Here the customs authorities are dependent on the co-operation of the rights-holder. As soon as the application has been submitted, the rights-holder must make identification notices which enable the customs officers to establish a breach of the law without a doubt. Without such indications, the customs office is not in a position to undertake seizures.

horak law office germany hannover lawyer representative compliance design infringement warning letter business start up law guarantee warranty liability border seizure leasing trademark infringement mediation minimum wage patent attorney patent infringement pro bono legal advice piracy product piracy brand piracy counterfeit litigation arbitration disputes renovation compensation online sales youtube pinterest instagram copyright infringement deutsch german law german court lawyer litigator german litigator hannover english


 trademarks patents designs law lawyer german law firm litigator litigation file court suit attorney Germany patent attorney agricultural law architectural law contract law employee inventions law medical malpractice law pharma law terms and conditions law gtc waste law print  attorney at law hannover germany europe trademark competition law save attorney solicitor hannover stuttgart berlin munich german law firmback  german law european law european lawyer specialist expert german law competition law germany copyright law german design lawyer food attorney media law germany online and computer lawyers patent law patent application telecommunications law office trademark law firm classical and modern physics solid state physics mechanics Laser Physics Electrical electronic radiofrequency technologies Telecommunications telematics Mechatronics Information Technology Data Processing Technology image processing technology semiconductor technology consumer electronics computer hardware IT technology software telecommunications automation optics Atomic Physics Molecular Physics Engineering Construction Automotion shipbuilding aircraft Drive Technology Control Technology Process Engineering Production Engineering Production Technology Packaging Paper Technique Product Development Measurement Control Engineering Process Technology Appliances Small Appliances Food Technology Aerospace safety technology power plant technology material technology steelmaking alloys nanotechnology plastics energy technology renewable energy Life Sciences Medical Biology Biophysics biotechnology Microbiology Cell Biology Neurobiology Molecular Biology gene therapy bioinformatics Pharmacy Pharmacology agents Biochemistry Chemistry Physical Chemistry Organic Chemistry Inorganic Chemistry Pharma antibody technology biosimilar generic diagnostic plant biotechnology diagnostic technology implants Immunology enzyme replacement therapy proteins muteins enzymes Transgenic cytokines, ribozymes, antisense RNA, RNAi Virology GM microorganisms plants animals human medicine food polymers catalysts lithography PhotographyOnline-Request