The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019

These Regulations may be cited as the Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019.

These Regulations come into force on exit day^f1.

The amendments made by these Regulation do not have effect in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland.

in paragraph (1)—

in paragraph (2), for “Union” substitute “United Kingdom, and

in paragraph (6), “for national or Union law on intellectual property or the laws of the Member States” substitute “the law on intellectual property”.

Article 2 is amended as follows.

Before paragraph (1) insert—

“(A1)

References to “the customs authorities” or “the competent customs department” shall be read as references to the Commissioners for Her Majesty’s Revenue and Customs;”.

In paragraph (1)—

For paragraphs (2) and (3) substitute—

“(2)

“trade mark” means a trade mark registered in the United Kingdom or under international arrangements which has effect in the United Kingdom;

(3)

“design” means a design registered in the United Kingdom or under international arrangements which has effect in the United Kingdom;”.

For paragraph (4) substitute—

“(4)

“geographical indication” means a geographical indication for products in so far as it is established as an exclusive intellectual property right by law;”.

In paragraph (5)(a) and (b), for “Member State where they are found” substitute “United Kingdom”.

In paragraph (6), for “Member State where the goods are found” substitute “United Kingdom”.

In paragraph (7)—

In paragraph (10), for “a Member State to take action in that Member State” substitute “the United Kingdom to take action”.

Omit paragraph (11).

In paragraph (15), for “point (18) of Article 4 of Regulation (EEC) No 2913/92” substitute “section 159(4B)(a) or (b) of the Customs and Excise Management Act 1979^f1”.

Omit paragraph (17).

In paragraph (18), for “as defined in point (20) of Article 4 of Regulation (EEC) No 2913/92” substitute “within the meaning of paragraph 17(6) of Schedule 1 to the Taxation (Cross-border Trade) Act 2018^f2”.

In paragraph (19)—

in the introductory words—

for paragraphs (1) to (3) substitute—

“(1)

right-holders;

(2)

intellectual property rights management collective bodies;

(3)

persons or entities authorised to use intellectual property rights, which have been authorised formally by the right-holder to initiate proceedings in order to determine whether the intellectual property right has been infringed.”.

omit paragraph (1),

in paragraph (3), omit point (b),

for paragraph (4) substitute—

“(4)

Only one application may be submitted for the same intellectual property right.”,

omit paragraph (5), and

in paragraph (6), omit the second sentence.

for paragraph (1) substitute—

“(1)

The Commissioners for Her Majesty’s Revenue and Customs shall establish an application form.”,

in paragraph (2), for “Regulation (EC) No 45/2001 and national laws implementing Directive 95/46/EC” substitute “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).”, and

in paragraph (3)—

in paragraph (1)—

omit paragraph (2).

in paragraph (1), omit “of its Member State”,

omit paragraphs (2) and (3), and

in paragraph (4), omit “point (b) of Article 16(1) and” and “of its Member State”.

in paragraph (1)—

in paragraph (2), omit the words from “In the case of a Union application,” to the end.

in paragraph (1)—

in paragraph (2), omit “through the territory of the Union”, and

for paragraph (3) substitute—

“(3)

The Commissioners for Her Majesty’s Revenue and Customs shall make the necessary practical arrangements concerning the exchange of data and information referred to in paragraphs 1 and 2 of this Article.”.

in paragraph (1), for “Member State where the goods are found” substitute “United Kingdom”, and

In paragraph (2), omit “, unless otherwise specified in the national law of the Member State where the goods are destroyed”.

in the heading for “the Member States” substitute “the United Kingdom”,

in paragraph (1) for “shall notify without delay” substitute “may notify”,

in paragraph (2)—

omit paragraphs (3) and (4),

for paragraph (5) substitute—

“(5)

Upon request by the Commission, the customs authorities may share such information with the Commission as they consider necessary for the application of this Regulation.”, and

omit paragraphs (6) and (7).

omit paragraphs (1) and (4) to (6), and

for paragraph (2) substitute—

“(2)

Processing of personal data by the Commissioners for Her Majesty’s Revenue and Customs shall be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).”.