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

These Regulations amend the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 (the 2004 Regulations).

Regulation 2(1) revokes regulations 3, 4(2), 8 and 9 of the 2004 Regulations. The effect of these revocations is to remove the link in the 2004 Regulations with the forfeiture and seizure regime in the Customs and Excise Management Act 1979, and to remove the difference in treatment between different classes of intellectual property rights.

Regulation 2(2) gives effect to Article 11 of Council Regulation (OJ L 196, 2.8.03, p 7) (the Council Regulation). It inserts a simplified procedure to enable the Commissioners to treat as abandoned for destruction goods suspected of infringing an intellectual property right with the agreement of the owner. The agreement of the owner will be presumed to be accepted where the declarant, holder or owner fail to provide any response when offered the opportunity to abandon the goods.

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