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Section 89 Infringing goods, material or articles may be treated as prohibited goods.C1C2

United Kingdom

(1)

The proprietor of a registered trade mark, or a licensee, may give notice in writing to the Commissioners of Customs and Excise—

(a)

that he is the proprietor or, as the case may be, a licensee of the registered trade mark,

(b)

that, at a time and place specified in the notice, goods which are, in relation to that registered trade mark, infringing goods, material or articles are expected to arrive in the United Kingdom—

(i)

from outside the European Economic Area, or

(ii)

from within that Area but not having been entered for free circulation, and

(c)

that he requests the Commissioners to treat them as prohibited goods.

(2)

When a notice is in force under this section the importation of the goods to which the notice relates, otherwise than by a person for his private and domestic use, is prohibited; but a person is not by reason of the prohibition liable to any penalty other than forfeiture of the goods.

F1(3)

This section does not apply to goods placed in, or expected to be placed in, one of the situations referred to in Article 1(1), in respect of which an application may be made under F2Article 3 of the European Customs Enforcement Regulation.

Annotations

Textual amendments

F1

S. 89(3) substituted (1.7.2004) by Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 (S.I. 2004/1473), regs. 1, 13 (with reg. 2(3))

F2

Words in s. 89(3) substituted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 30 (with Pt. 5)

Modifications

C1

S. 89 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 16

S. 89 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 6

C2

S. 89 applied (29.4.2006) by Community Trade Mark Regulations 2006 (S.I. 2006/1027), regs. 1(1), 7(1)