Detect risks on goods infringing intellectual property rights

Customs

This algorithm helps Customs select goods for inspection based on risk. It uses declaration data from companies and considers whether or not there are risks of goods entering or leaving the European Union via the Netherlands infringing intellectual property rights.

Last change on 10th of December 2024, at 8:57 (CET) | Publication Standard 1.0

• Publication category: Impactful algorithms
• Impact assessment: Field not filled in.
• Status: In use

General information

Theme

Public Order and Safety

Begin date

07-2013

Contact information

[e-mail]

Link to publication website

https://www.overdedouane.nl/onderwerpen/intellectuele-eigendomsrechten

Responsible use

Goal and impact

This algorithm focuses on declarations of goods entering or leaving the European Union, via the territory of the Netherlands. The algorithm focuses on Customs checking whether the goods infringe intellectual property rights. Regulation 608/2013 sets out how Customs acts. The regulation includes the conditions for action by Customs when goods are only suspected of infringing intellectual property rights and what measures should be taken against goods found to infringe.

Based on the results, Customs will inspect companies more, or less. By using this algorithm, declarations are handled more efficiently, resulting in quicker checks and possibly quicker releases.

Considerations

Customs processes 700 million declarations annually, including in the field of Intellectual Property Rights. With this algorithm (risk profiles), Customs can assess declarations more efficiently and faster than without using this algorithm. Thus, declarations are approved or checked faster. And goods are released faster. Also, the algorithm ensures that 'known and trusted' companies are actually checked less.

Human intervention

If a declaration produces a match with a risk profile, a customs officer reviews the declaration. If necessary, the customs officer asks for more information. The decision to approve a declaration, or instead to start checking, is made by a human being.

Risk management

A risk profile is always developed and checked by at least two customs staff before use. This is the 4-eye principle. And once the profile is in use, the number of declarations that produce a match is checked periodically for a profile. If necessary, the profile can be adjusted. Annually, Customs evaluates per profile whether it is necessary to refine, extend or terminate it. Customs monitors internal and external complaints and incidents, for example if a profile generates unjustified raking and therefore designates too many declarations as higher risk.

Legal basis

Legal basis for IPR controls is in the Union Customs Code (DWU), the General Customs Act and Regulation 608/2013. The use of risk profiles also relies on DWU Article 46. That says customs controls must rely primarily on risk analysis by electronic data processing techniques.

Links to legal bases

• https://eur-lex.europa.eu/legal-content/NL/TXT/?uri=celex%3A32013R0608: Verordening (EU) nr. 608/2013
• https://eur-lex.europa.eu/legal-content/NL/TXT/PDF/?uri=celex:32013R0952: Douanewetboek van de Unie

Operations

Data

The algorithm uses all data from the goods declaration. For example, type of goods, commodity code, document code, weight, number of packages, consignee, declarant, consignor, country of consignment, EORI number, means of transport, etc.

Links to data sources

https://www.belastingdienst.nl/wps/wcm/connect/bldcontentnl/belastingdienst/douane_voor_bedrijven/naslagwerken_en_overige_informatie/andere_onderwerpen/gegevensvereisten/: Gegevensvereisten douaneaangiften (zie Bijlage B Gedelegeerde Verordening Douanewetboek van de Unie + Bijlage VIa van de Algemene Douaneregeling)

Technical design

The algorithm consists of decision rules created in collaboration with content experts. These decision rules provide estimates of which declarations have a higher risk of infringing intellectual property rights. These decision rules are based on 'if-then-else' combinations. An example: if (if) the information we have on a shipment shows that the goods have an abnormal weight, (then) the declaration is checked manually and the shipment may be selected for extended inspection. If the goods do not have an abnormal weight (else), we do not stop the shipment. Or at least not based on this criterion.

External provider

Internally developed