Quite simply, customs suspects at the first stage that a product is counterfeit. They then contact the brand owner, because customs isn't the party that is going to determine definitively that it's counterfeit; they suspect it's counterfeit. So they contact the expert for that product; they contact the brand owner. They either send pictures or the product and they ask them to verify whether the product is counterfeit.
They way they verify that it's counterfeit now is that we provide either an affidavit or something in writing giving some of the reasons as to why it's counterfeit.
Under the simplified procedure, the next step would be that this information is then given to the importer. Now the importer has the onus. The importer has to say, “I've looked at this evidence you have that it's counterfeit, and I have my own evidence and I disagree with you.” Well, you can't then have a simplified procedure.
But in 77% of the cases in the EU, when confronted with that evidence, the importer said okay and agreed to allow the goods to be destroyed—or did nothing, in which case the simplified procedure said you didn't take the next step and dispute it; therefore, the goods can be destroyed.
In summary, if there's a determination that it's suspected of being counterfeit and the rights holder says it is counterfeit, the importer is given an opportunity to contest that position. If the importer doesn't contest it, the goods are destroyed. No action is instituted; no court is involved. It's simple, cheap: customs takes a shipment, gets it destroyed, and under the present legislation sends the bill to the rights holders.