On 3 December 2025, the Brazilian Federal Revenue Service published the Interpretative Declaratory Act RFB No. 3/2025.
This sets out uniform criteria for customs action against imported goods suspected of being counterfeit or of having a false indication of origin.
The guidance confirms that customs authorities may detain such goods administratively and apply forfeiture when violations affect public interests, such as health, consumer protection, fair competition, the environment, or national security, without breaching the TRIPS Agreement.
The guidance also clarifies detention procedures and the use of prima facie evidence from right holders when no court seizure is sought. It guarantees due process for importers and extends the same enforcement logic beyond primary customs zones. The measure aims to reduce inconsistent practices and strengthen border enforcement against piracy.
Sources
- Publication date
- 16 January 2026
- Author
- European Innovation Council and SMEs Executive Agency