Regulation 2 Interpretation

In these Regulations—

• “the 1979 Act” means the Customs and Excise Management Act 1979^f1;

• “application” means an application under Article 5 of the Council Regulation;

• “the Commissioners” means the Commissioners of Customs and Excise;

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• “the Council Regulation” means Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights^f2;

• “the customs and excise Acts” has the meaning given in section 1(1) of the 1979 Act;

• “database rights” has the meaning given in regulation 13 of the Copyright and Rights in Databases Regulations 1997^f3;

• “decision” means a decision granting an application in accordance with Article 8 of the Council Regulation;

• “declarant” has the meaning given in Article 4(18) of Council Regulation (EEC) No 2913/1992 establishing the Community Customs Code^f4;

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• “goods infringing an intellectual property right” has the meaning given in Article 2(1) of the Council Regulation and related expressions shall be construed accordingly;

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• “publication rights” has the meaning given in regulation 16 of the Copyright and Related Rights Regulations 1996^f5;

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• “right-holder” has the meaning given in Article 2(2) of the Council Regulation;

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• “working days” has the meaning given in Article 3(1) of Council Regulation (EEC, Euratom) No 1182/1971 determining the rules applicable to periods, dates and time limits^f6.

For the purposes of these Regulations, any reference in the Council Regulation to “copyright or related right” is to be construed as a reference to “copyright, rights in performances, publication rights or database rights”.

These Regulations shall apply to goods which fall to be treated by virtue of F12Article 2 of the Council Regulation as being goods infringing an intellectual property right; but these Regulations shall not apply to any goods in relation to which the Council Regulation does not apply by virtue of Article 3 thereof.