# The Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010, Note: 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 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 (EC) No 1383/2003 (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.
In all other cases, such as where a declarant, holder or owner objects to the destruction of the goods, the procedure set out in Article 13 of the Council Regulation applies.
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/2010/324/note (the official version)
Page: https://openlegislation.uk/goods-infringing-intellectual-property-rights-customs-amendment-regulations-2010/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.