Customs Enforcement - Possible Liabilities

Where the detention proves to have been unjustified from the beginning (for instance, where it is later found that there is no infringement of the asserted patent, or if it is invalidated), and the right holder did not timely withdraw the request to maintain the detention, the right holder shall be required to compensate the damages that the detention has caused to the person entitled to dispose of the goods.

The amount of damages may consist of the difference between the price the owner of the goods would have received when selling them earlier and the value of the goods after the detention. Because the detained products are released by customs in case of an unjustified detention, the calculation of damages is consequently linked to the temporary unavailability of the detained products. The claimant has the burden of proving the cause and amount of the damages. This is difficult to do in practice, and liabilities are usually kept within reasonable limits.