EU customs reform: a new chapter for IP enforcement

The EU customs reform has entered into force, opening the way to a more integrated, data-driven customs system. For intellectual property (IP) rights holders, the reform contains important advances as IP rights are expressly recognised among the public interests that customs authorities must protect. The reform also establishes a new EU Customs Authority (“EUCA”) in Lille, France, tasked with developing a single EU Customs Data Hub and strengthening cooperation between national customs authorities through EU-wide risk management. This provides a foundation for better integration of rights-holder intelligence into customs risk analysis. With implementation taking place progressively, businesses should start preparing their customs and IP-protection strategies now.

What companies should do

IP rights holders should start preparing now by updating their rights-holder intelligence in the EUIPO IP Enforcement Portal (“IPEP”) and other stakeholders should review the allocation of customs responsibilities across their sales and logistics arrangements.

Record counterfeit detentions underline the need for change

The latest joint report published by the European Commission and the European Union Intellectual Property Office (“EUIPO”) on 22 October 2026 reveals the highest number of counterfeit detentions ever recorded by EU enforcement authorities. It reports more than 196 million counterfeit items detained at the EU border and within the internal market in 2025, with an estimated value of EUR 6.3 billion. Customs authorities detained approximately 42 million items at the external border, worth almost EUR 2 billion. Most customs detention cases concerned express courier and postal consignments, highlighting the enforcement challenge posed by e-commerce.

Better intelligence for IP enforcement

The EU customs reform establishes an EU Customs Authority (“EUCA”), based in Lille, and an EU Customs Data Hub intended to replace fragmented national customs IT systems. The new architecture will support EU-wide risk management and a more coordinated response to suspicious trade flows. For IP rights holders, three developments are particularly relevant:

• Explicit recognition of IP protection. IP rights are expressly recognised among the public interests that customs authorities must protect.

• Better use of rights-holder information. IPEP is identified as a source of risk information for the Data Hub, creating a basis for incorporating rights-holder intelligence into customs risk analysis.

• More targeted controls. A shared, data-driven approach is intended to help customs identify high-risk shipments faster. Its practical value for IP rights holders will depend on effective information exchange and the quality of the intelligence available.

Increased liability across the supply chain

The EU customs reform increases the liability of non-EU sellers and platforms facilitating direct sales to EU consumers. In addition, the new EU Customs Code provides for stronger importer and exporter compliance obligations, improved supply-chain traceability and escalating penalties for systematic distance-sales violations. Businesses involved in online sales into the EU should review how customs responsibilities and compliance information are allocated across their sales and logistics arrangements.

To ensure consistency with the EU Customs Enforcement Regulation, the new EU Customs Code expressly includes the “holder of the goods” among the parties that may bear destruction costs. This wording reflects alignment with the existing framework, clarifying that potential responsibility for these costs is not limited to the importer or exporter of the infringing goods.

This should however not be read as an automatic bearing of all counterfeit-destruction costs away from the IP rights holders.

Implementation will be gradual

The new EU Customs Code officially entered into force on 20 September 2026. However, not all elements of the new system are already operational, since implementation will be gradual. The vast majority of the rules apply as from 21 September 2027.

The Commission has announced that EUCA is expected to start its operations in 2027. The EU Customs Data Hub will become mandatory for e-commerce consignments from 1 July 2028 and will be operational for the rest of trade by 2031 at the latest.