Explanatory note

These Regulations make provision consequential upon Council Regulation (EEC) No. 3842/86 laying down measures to prohibit the release for free circulation of counterfeit goods. Section 64A of the Trade Marks Act 1938 (which makes equivalent but inconsistent provision) is disapplied to the extent that the Council Regulation applies. Counterfeit goods entered for free circulation are rendered liable to forfeiture, sections 139, 144—146 and 152—155 of and Schedule 3 to the Customs and Excise Management Act 1979 (detention, seizure and condemnation of goods) are applied, and additional provision about burden of proof is made similar to that in section 154(2)(f) of that Act.