The Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/324
Year2010

2010 No. 324

Customs

The Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010

Made 15th February 2010

Laid before Parliament 16th February 2010

Coming into force 10th March 2010

The Commissioners for Her Majesty’s Revenue and Customs1make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19722.

The Commissioners have been designated3for the purposes of section 2(2) in relation to counterfeit and pirated goods, goods infringing a patent, goods infringing a supplementary protection certificate, goods infringing plant breeders’ rights, designations of origin, geographical indications and geographical designations, and goods infringing Community plant variety rights.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010 and come into force on 10th March 2010.

S-2 Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

2. The Goods Infringing Intellectual Property Rights (Customs) Regulations 20044are amended as follows:

(1) Omit regulations 3, 4(2), 8 and 9.

(2) For regulation 7 substitute—

S-7

Simplified procedure

7.—(1) The Commissioners may treat as abandoned for destruction goods which have been suspended from release or detained by virtue of regulation 4(1)(c) where the right-holder has informed the Commissioners in writing within the specified period that those goods infringe an intellectual property right and either of the following conditions applies—

(a)

(a) 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 destroyed; or

(b)

(b) none 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 the other interested parties has specifically opposed destruction within the specified period.

(3) The Commissioners may, at their discretion, accept the written agreement mentioned in regulation 7(1)(a) directly from the...

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