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The Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations 2010

S.I. 2010/992 · Made 25 March 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Customs

Intellectual Property

Made 25th March 2010

Laid before Parliament 26th March 2010

Coming into force 16th April 2010

The Commissioners for Her Majesty’s Revenue and Customsf1 make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f2.

The Commissioners have been designatedf3 for 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.

Annotations to the whole text

Footnotes

f1

The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50(1) of that Act provides that a reference to the Commissioners of Customs and Excise shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

f2

1972 c. 68. Section 2(2) has been amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of the European Union (Amendment) Act 2008 (c. 7).

f3

S.I. 1995/751 (in relation to counterfeit and pirated goods), S.I. 1999/654 (in relation to goods infringing a patent and goods infringing a supplementary protection certificate), and S.I. 2004/706 (in relation to goods infringing plant breeders’ rights, designations of origin, geographical indications and geographical designations, and goods infringing Community plant variety rights).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004
  3. 3Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004
  4. 4Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004
  5. 5Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004
  6. 6Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004
  7. 7Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004
  8. Signature
  9. Explanatory note

1Citation and commencement

These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations 2010 and come into force on 16th April 2010.

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

The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004f1 are amended as follows.

3Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

In regulation 2(1), omit the definitions of—

(a)

“Community design”;

(b)

“Community plant variety right”;

(c)

“design right”;

(d)

“designation of origin”;

(e)

“European patent (UK)”;

(f)

“geographical designation”;

(g)

“geographical indication”;

(h)

“patent”;

(i)

“plant breeders’ right”;

(j)

“registered design”; and

(k)

“supplementary protection certificate”.

4Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

In regulation 2(3), for “Article 2(3)”, substitute “Article 2” and, for “Article 3(1)”, substitute “Article 3”.

5Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

Omit regulations 4 and 6.

6Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

In regulation 7(1)f1—

(a)

for “regulation 4(1)(c)”, substitute “Article 9 of the Council Regulation”; and

(b)

in paragraph (a), insert “be” between “may” and “destroyed”.

7Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

In regulation 7(5), for “regulation 4(1)(b)”, substitute “Article 9 of the Council Regulation”.

Signature

Dave Hartnett

Melanie Dawes

Two of the Commissioners for Her Majesty’s Revenue and Customs

25th March 2010

Explanatory note

(This note is not part of the Regulations)

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

Regulation 3 removes definitions of terms which do not, or no longer, appear in the 2004 Regulations.

Regulation 4 corrects regulation 2(3) of the 2004 Regulations so that it refers to the entirety of the relevant articles in Council Regulation (EC) No 1383/2003 (O.J. L 196/7 2.8.2003) (“the Council Regulation”).

Regulation 5 revokes regulations 4 and 6 of the 2004 Regulations, because they unnecessarily reproduce the provisions of articles 4 and 9.3 of the Council Regulation, which is directly applicable.

Regulation 6 corrects regulation 7(1) of the 2004 Regulations (as amended by S.I. 2010/324), to remove the reference to “regulation 4(1)(c)”, since regulation 4 of the 2004 Regulations is revoked by regulation 5 of these Regulations. Further, the consequence of framing regulation 7(1) of the 2004 Regulations by reference to “regulation 4(1)(c)” was to render the simplified procedure applicable solely in circumstances where goods had been detained in advance of the grant to the right-holder of an application for action, rather than in all circumstances where goods have been detained by the Commissioners under the Council Regulation. Regulation 6 also inserts the missing word ‘be’.

Regulation 7 corrects regulation 7(5) of the 2004 Regulations (as amended by S.I. 2010/324) to remove the reference to “regulation 4(1)(b)”, for the same reasons as those given above, in relation to regulation 6 of these Regulations.

A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.