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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Counterfeit Goods (Customs) Regulations 1987 No. 2097 URL: http://www.bailii.org/uk/legis/num_reg/1987/uksi_19872097_en.html |
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Statutory Instruments
CUSTOMS AND EXCISE
Made
4th December 1987
Laid before Parliament
11th December 1987
Coming into force
1st January 1988
The Commissioners of Customs and Excise, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the prohibition of the release for free circulation of goods bearing a trade mark without authorisation, in exercise of the powers conferred upon them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:
1.-(1) These Regulations may be cited as the Counterfeit Goods (Customs) Regulations 1987 and shall come into force on 1st January 1988.
(2) In these Regulations-
"application" means an application under Article 3(1) of the Council Regulation and "applicant" shall be construed accordingly;
"the Council Regulation" means Council Regulation (EEC) No. 3842/86 laying down measures to prohibit the release for free circulation of counterfeit goods(3);
"the Commissioners" means the Commissioners of Customs and Excise.
2. An application shall be made to the Commissioners in the form set out in the Schedule to these Regulations, or a form to the like effect approved by the Commissioners, containing full particulars of the matters specified therein.
3. The application shall be accompanied by the certificate of registration (or a copy of it) issued by the Registrar of Trade Marks on the registration of the trade mark specified in the application, together with evidence that such registration was duly renewed at all such times as it may have expired.
4. The applicant shall give to the Commissioners such security or further security within such time and in such manner, whether by bond, deposit of a sum of money or otherwise as the Commissioners may require, against all actions, proceedings, claims and demands whatsoever which may be taken or made against, or costs and expenses which may be incurred by, them in consequence of the detention of any goods to which the application relates.
5. In every case, whether any security or further security is given or not, the applicant shall keep the Commissioners indemnified against all such liability and expense as is mentioned in regulation 4 above and in particular shall repay to them all expense which may be incurred by them in consequence of the detention of, or anything done in relation to, any goods to which the application relates.
6. Following upon a decision by them under Article 3(3) of the Council Regulation granting the application the Commissioners will monitor entries of imported goods for a period of three months beginning on a date agreed by them and upon payment of a fee of £500.
7. A provisional application, being one in which the applicant does not indicate on what date he would like the monitoring to begin, will be kept on file by the Commissioners and will be acted upon as described in the foregoing regulation when the date on which monitoring is to begin is ultimately agreed and the fee mentioned in that regulation paid.
8. In the event that the Commissioners supply the applicant with a sample of imported goods which appears to them both to correspond to the description of goods contained in a decision under article 3(3) of the Council Regulation granting his application and to bear a trade mark identical to or substantially indistinguishable from the registered trade mark mentioned in that decision the applicant shall, within 24 hours of being requested by the Commissioners, or within such further time as the Commissioners may allow, confirm to them in writing whether or not in his opinion the sample is counterfeit, giving his reasons, by reference to characteristics of the sample or its packaging or otherwise.
9. An application shall have no effect or no further effect where-
(a)the applicant has failed to comply with any of the requirements of these regulations, or
(b)any change, following the making of the application, which takes place in the ownership or authorised use of the trade mark specified in the application, is not communicated in writing to the Commissioners, or
(c)the trade mark specified in the application ceases to be registered.
Bryce Knox
Commissioner of Customs and Excise
King's Beam House Mark Lane London EC3R 7HE
4th December 1987
Regulation 2
(This note is not part of the Regulations)
These Regulations make provision consequential upon Council Regulation (EEC) No. 3842/86 laying down measures to prohibit the release for free circulation of counterfeit goods. They append the form of application to be completed by the owner or registered user of a trade mark and deal with certain other aspects of the procedure to be followed by the applicant.
