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The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

Consolidated Text As Enacted Cited in Amendments 9 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2004/1473
Year2004
  • These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 and shall come into force on 1st July 2004.
    • (1) In these Regulations—
    • “the 1979 Act” means the Customs and Excise Management Act 1979;
    • “application” means an application under Article 5 of the Council Regulation;
    • “the Commissioners” means the Commissioners of Customs and Excise;
      • ......
    • “the Council Regulation” means Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights;
    • “the customs and excise Acts” has the meaning given in section 1(1) of the 1979 Act;
    • “database rights” has the meaning given in regulation 13 of the Copyright and Rights in Databases Regulations 1997
      • ;
    • “decision” means a decision granting an application in accordance with Article 8 of the Council Regulation;
    • “declarant” has the meaning given in Article 4(18) of Council Regulation (EEC) No 2913/1992 establishing the Community Customs Code;
      • ...............
    • “goods infringing an intellectual property right” has the meaning given in Article 2(1) of the Council Regulation and related expressions shall be construed accordingly;
      • ......
    • “publication rights” has the meaning given in regulation 16 of the Copyright and Related Rights Regulations 1996
      • ;...
    • “right-holder” has the meaning given in Article 2(2) of the Council Regulation;
      • ...
    • “working days” has the meaning given in Article 3(1) of Council Regulation (EEC, Euratom) No 1182/1971 determining the rules applicable to periods, dates and time limits.
    (2) For the purposes of these Regulations, any reference in the Council Regulation to “copyright or related right” is to be construed as a reference to “copyright, rights in performances, publication rights or database rights”.(3) These Regulations shall apply to goods which fall to be treated by virtue of F4Article 2 of the Council Regulation as being goods infringing an intellectual property right; but these Regulations shall not apply to any goods in relation to which the Council Regulation does not apply by virtue of F4Article 3 thereof.
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  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • 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 intellectual property right specified in the application expires.
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    • the right-holder has provided the Commissioners with the written agreement of the declarant, the holder or the owner of the goods (“the interested parties”) that the goods may F18be destroyed; ornone of the interested parties has specifically opposed the destruction of the goods within the specified period.(2) The Commissioners may not treat the goods as abandoned for destruction where one interested party has given its written agreement as mentioned in regulation 7(1) (a) , but either or both of

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