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

S.I. 2010/992 · made 25 March 2010

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

Made under: European Communities Act 1972 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/goods-infringing-intellectual-property-rights-customs-amendment-no-2-regulations-2010/pdf/uksi_20100992_en.pdf; Explanatory Memorandum https://openlegislation.uk/goods-infringing-intellectual-property-rights-customs-amendment-no-2-regulations-2010/pdf/uksiem_20100992_en.pdf

## Introductory text

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 Customs make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
The Commissioners have been designated 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.

## 1 Citation 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.

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

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

## 3 Amendment 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”.

## 4 Amendment 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”.

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

Omit regulations 4 and 6.

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

In regulation 7(1)—
(a) for “regulation 4(1)(c)”, substitute “Article 9 of the Council Regulation”; and
(b) in paragraph (a), insert “be” between “may” and “destroyed”.

## 7 Amendment 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.

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Source: https://www.legislation.gov.uk/uksi/2010/992 (the official version)
Page: https://openlegislation.uk/goods-infringing-intellectual-property-rights-customs-amendment-no-2-regulations-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.