Germany

Please contact our German-office for more information about our services in Germany:

React Germany
Schenkelstr. 9a
52349 Dueren
Germany
T +49 2421 952 290
Contact: Mr Bjorn Grootswagers
germany@react.org
bgrootswagers@react.org


German Customs is very active and successfull in stopping counterfeit at their freight airports and postal hubs in Frankfurt/Main, Leipzig/Halle, Berlin, Munich and Cologne/Bonn as well as the ports of Hamburg, Bremen and Bermenhaven. Therefore the main focus of the German React team is on Customs enforcement  and  the organisation of local training seminars and similar activities. Also the retrieval of storage/destruction cost and damages is handled by our team and lawyers. We can also provide our members (legal) assistance with filling criminal complaint including expert reports. Furthermore the team has a set up a network to do online and offline investigation upon request. So the React team can assist our members in full.    

Our services in Germany

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Attending personal hearing
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing a demand for a raid
  • Filing Customs applications
  • Filing surveillance letter
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application is not mandatory but still very much advisable
  • If Customs acts ex officio (provided that German Customs recognise the IP-right), and an application for action must be filed within 4 days
  • Customs application is valid for one year
  • Deadline for response to Customs notification of detention is 10 working days (extendable once) with application for action (3 working days for perishable goods), 4 working days for ex officio actions
  • Deadline for importer to respond to seizure is 10 working days (extendable for a further 10 working days)
  • Public prosecutor and (Customs) Police is tasked with taking criminal action against infringers
  • Criminal law remedies available: imprisonment up to five years, fines, criminal forfeiture and destruction of counterfeits
  • Interim injunctions are available but there is the requirement of urgency; no fixed deadlines generally one month since first knowledge of infringement
  • Ex parte orders are available including cease and desist, disclosure of information in case of obvious infringement and seizure
  • Damages can be rewarded in case of negligence and full or partial costs can be rewarded on ultimately prevailing in court
  • There is also a national German Customs application procedure which allows the right owner to act against parallel import. A separate application needs to be filed including a bound