Statutory Instrument 1999 No. 1601

The Goods Infringing Intellectual Property Rights (Customs) Regulations 1999

---

© Crown Copyright 1999

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Goods Infringing Intellectual Property Rights (Customs) Regulations 1999 , ISBN 0 11 082804 6. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"business day" has the meaning given in section 92 of the Bills of Exchange Act 1882[3];

"the Commissioners" means the Commissioners of Customs and Excise;

"Community trademark" means a trademark as defined in Council Regulation (EC) No. 40/94[4];

"the Council Regulation" means Council Regulation (EC) No. 3295/94[5], as amended by Council Regulation (EC) No. 241/1999[6], laying down measures concerning the entry into the Community and the export and re-export from the Community of goods infringing certain intellectual property rights;

"decision" means a decision granting an application in accordance with Article 3(5) of the Council Regulation;

"goods infringing an intellectual property right" has the meaning given by Article 1(2)(a) of the Council Regulation (counterfeit goods, pirated goods and goods infringing a patent or supplementary protection certificate), and "intellectual property right" shall be construed accordingly.

     3. Except where it specifies a Community trademark which the applicant holds or is authorised to use and seeks action by the customs authorities of another member State, an application made to the Commissioners shall be in the form set out in the Schedule to these Regulations, or a form to the like effect approved by the Commissioners, containing full particulars of the matters specified therein.

     4.  - (1) The applicant shall give to the Commissioners such security or further security, within such time and in such manner, whether by deposit of a sum of money or guarantee, as the Commissioners may require, against the matters mentioned in paragraph (2) below.

    (2) The matters against which security or further security shall be given are all actions, proceedings, claims and demands whatsoever which may be taken or made against, or costs and expenses which may be incurred by, the Commissioners in consequence of the detention of, or anything done in relation to, any goods to which the application or decision relates.

     5. In every case, whether any security or further security is given or not, the applicant shall keep the Commissioners indemnified against all such liability and expense as is mentioned in regulation 4(2) above and in particular shall repay to them all expense which may be incurred by them in consequence of the detention of, or anything done in relation to, any goods to which the application or decision relates.

     6.  - (1) Where a decision is given, the applicant shall pay the Commissioners a fee of the relevant amount in relation to each of the following-

(a) the period specified in the decision; and

(b) any period by which that period is extended.

    (2) The fee mentioned in paragraph (1) above shall be payable notwithstanding that the application is not made to the Commissioners but-

(a) the application specifies a Community trademark which the applicant holds or is authorised to use;

(b) the application has been made to the customs authorities of another member State;

(c) the application seeks action by the Commissioners; and

(d) a decision granting the application has been forwarded to the Commissioners in accordance with Article 5(2) of the Council Regulation.

    (3) For the purposes of this regulation the relevant amount is-

(a) for a period not exceeding one month, £200 plus VAT;

(b) for a period not exceeding three months, £400 plus VAT;

(c) for a period not exceeding six months, £700 plus VAT;

(d) for a period not exceeding twelve months, £1,200 plus VAT; or

(e) for a period of or exceeding twelve months-


(i) £1,200 plus VAT for each complete period of twelve months, and

(ii) an amount calculated in accordance with sub-paragraphs (a) to (d) above for any additional period.

     7. In the event that the Commissioners require the applicant to examine a sample of detained goods which appear to them both to correspond to the description of goods contained in a decision and to be goods infringing an intellectual property right the applicant shall, within 10 business days from the date of the request by the Commissioners, or within such further time, not exceeding 10 business days, as the Commissioners may allow, provide such information as the Commissioners may require in order to be satisfied that the sample is comprised of goods infringing an intellectual property right.

     8. A decision shall have no effect or no further effect where-

(a) the applicant has failed to comply with any of the requirements of these Regulations;

(b) any change, following the making of the application, which takes place in the ownership or authorised use of the intellectual property right specified in the application, is not communicated in writing to the Commissioners; or

(c) the intellectual property right specified in the application expires.

     9. The Counterfeit and Pirated Goods (Customs) Regulations 1995[7] are hereby revoked.


A.R. Rawsthorne
Commissioner of Customs and Excise

New King's Beam House 22, Upper Ground London SE1 9PJ
9th June 1999

[2] 1972 c. 68.back

[3] 1882 c. 61 (45 & 46 Vict); section 92 was amended by sections 3 and 4 of the Banking and Financial Dealings Act 1971 (c. 80).back

[4] OJ No. L011, 4.1.1994, p. 1.back

[5] OJ No. L341, 30.12.94, p. 8.back

[6] OJ No. L271, 2.2.99, p. 1.back

[7] S.I. 1995/1430.back