Counterfeit goods are on the rise across Europe, and the most effective way to stop them is before they reach the market, at the border. The European Union Intellectual Property Office (EUIPO) has recently rolled out its IP Enforcement Portal (IPEP), a digital platform that replaces the old paper-based system for filing Applications for Action (AFAs) with customs authorities. This represents a major step forward in brand protection, giving rights holders an opportunity to work with customs authorities in a way that is faster, more consistent, and more effective than ever before.
What is an AFA?
An AFA is one of the most powerful enforcement tools available to brand owners in the fight against counterfeiting. Once filed, it authorises customs officials across the EU to detain goods they suspect infringe your IP rights. In practical terms, it means customs officers are actively looking out for your brand and have the legal power to stop suspicious shipments. Until recently, AFAs in the EU were filed on paper, either nationally or in the form of a single EU-wide AFA. While effective, the process was cumbersome and fragmented. Now, with the introduction of IPEP, the system has become fully digital and centralised. Applications filed through IPEP are automatically fed into COPIS, the EU-wide database used by customs, ensuring that information about your rights is instantly available to enforcement authorities across the Union.
The EUIPO hosted a conference focussed on the IPEP system and customs officers shared valuable insight into how right holders can make the most of the new system. Their number one takeaway was simple but crucial: the more detail you provide in your AFA, the more customs can do to help you. Many rights holders, unfortunately, take a “bare minimum” approach, filing just enough information to secure an AFA. Customs officials stressed that this approach is counterproductive. The AFA system is designed to be comprehensive, and when right holders make full use of it, enforcement outcomes are significantly improved.
What does this mean in practice?
An AFA can include not just a description of your IP rights and products, but also details about your distribution channels, known shippers, buyers, or contracted factories. It allows you to provide information about businesses and shipping routes that have been linked to counterfeit activity in the past, as well as practical tips on how to identify genuine goods versus fakes. For example, you might include distinguishing features of your products or specific regions where counterfeits are often produced. This level of detail empowers customs officers to act swiftly and with confidence, as they know exactly what to look out for.
The IPEP platform therefore does more than just streamline the filing process. It also creates a direct channel of communication between right holders and customs authorities across the EU.
What’s next for IP owners and the new IPEP system?
Preparing an effective AFA is not always straightforward. The system now requires significantly more information than before, and it can be a challenge for businesses, especially those operating across multiple markets and product categories, to gather and structure the necessary data. This is where Kilburn & Strode can provide real value. We can guide you through the IPEP system, help collect and present the right kind of information, and ensure that your application is not only compliant but also strategically useful to the authorities on the ground. We also remain available to liaise with customs once the AFA is in place, ensuring that the system works for you in practice and not just on paper.
The introduction of IPEP marks a turning point in EU-wide enforcement. It is faster, more transparent, and if used correctly, much more effective than the old system. But it requires right holders to engage with the process fully. Filing an AFA is not a “tick-box” exercise. It is an opportunity to arm customs with the intelligence they need to protect your brand. If you invest the time and effort in providing that intelligence, customs can become one of your most valuable allies in the fight against counterfeit goods.
If you would like to explore how the new IPEP system can strengthen your brand protection strategy, or if you would like assistance in preparing a robust and effective AFA, please do not hesitate to get in touch with Celina Özcan, Carol Nyahasha or your usual Kilburn & Strode contact.