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Copyright, Designs and Patents Act 1988

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111 Infringing copies may be treated as prohibited goods.E+W+S+N.I.

(1)The owner of the copyright in a published literary, dramatic or musical work may give notice in writing to the Commissioners of Customs and Excise—

(a)that he is the owner of the copyright in the work, and

(b)that he requests the Commissioners, for a period specified in the notice, to treat as prohibited goods printed copies of the work which are infringing copies.

(2)The period specified in a notice under subsection (1) shall not exceed five years and shall not extend beyond the period for which copyright is to subsist.

(3)The owner of the copyright in a sound recording or film may give notice in writing to the Commissioners of Customs and Excise—

(a)that he is the owner of the copyright in the work,

(b)that infringing copies of the work are expected to arrive in the United Kingdom at a time and a place specified in the notice, and

(c)that he requests the Commissioners to treat the copies as prohibited goods.

[F1F2(3A)The Commissioners may treat as prohibited goods only infringing copies of works which arrive in the United Kingdom—

(a)from outside the European Economic Area, or

(b)from within that Area but not having been entered for free circulation.

[F1(3B)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 Article 5(1), of 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.]]

(4)When a notice is in force under this section the importation of goods to which the notice relates, otherwise than by a person for his private and domestic use, [F3subject to subsections (3A) and (3B), is prohibited]; but a person is not by reason of the prohibition liable to any penalty other than forfeiture of the goods.

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Amendments (Textual)

F2S. 111(3A)(3B) inserted (1.7.1995) by S.I. 1995/1445, reg. 2(2)

F3Words in s. 111(4) substituted (1.7.1995) by S.I. 1995/1445, reg. 2(3)

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