Regulation (EU) No 608/2013 of the European Parliament and of the CouncilDangos y teitl llawn

Article 2 U.K. Definitions

For the purposes of this Regulation:

(A1)

[F1 References to “the customs authorities” or “the competent customs department” shall be read as references to the Commissioners for Her Majesty’s Revenue and Customs;]

(1)

‘intellectual property right’ means:

(a)

a trade mark;

(b)

a design;

(c)

a copyright or any related right as provided for by F2 ... law;

(d)

a geographical indication;

(e)

a patent as provided for by F3 ... law;

(f)

a supplementary protection certificate for medicinal products [F4 which is recognised in law];

(g)

a supplementary protection certificate for plant protection products [F5 which is recognised in law];

(h)

F6 ...

(i)

a plant variety right [F7 which is recognised in] law;

(j)

a topography of semiconductor product as provided for by F8 ... law;

(k)

F9 ...

(l)

a trade name in so far as it is protected as an exclusive intellectual property right by F10 ... law;

(2)

[F11 “trade mark” means a trade mark registered in the United Kingdom or under international arrangements which has effect in the United Kingdom;]

(3)

[F11 “design” means a design registered in the United Kingdom or under international arrangements which has effect in the United Kingdom;]

(4)

[F12 “geographical indication” means a geographical indication for products in so far as it is established as an exclusive intellectual property right by law;]

(5)

‘counterfeit goods’ means:

(a)

goods which are the subject of an act infringing a trade mark in the [F13 United Kingdom] and bear without authorisation a sign which is identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark;

(b)

goods which are the subject of an act infringing a geographical indication in the [F14 United Kingdom] and, bear or are described by, a name or term protected in respect of that geographical indication;

(c)

any packaging, label, sticker, brochure, operating instructions, warranty document or other similar item, even if presented separately, which is the subject of an act infringing a trade mark or a geographical indication, which includes a sign, name or term which is identical to a validly registered trade mark or protected geographical indication, or which cannot be distinguished in its essential aspects from such a trade mark or geographical indication, and which can be used for the same type of goods as that for which the trade mark or geographical indication has been registered;

(6)

‘pirated goods’ means goods which are the subject of an act infringing a copyright or related right or a design in the [F15 United Kingdom] and which are, or contain copies, made without the consent of the holder of a copyright or related right or a design, or of a person authorised by that holder in the country of production;

(7)

‘goods suspected of infringing an intellectual property right’ means goods with regard to which there are reasonable indications that, in the [F16 United Kingdom], they are prima facie:

(a)

goods which are the subject of an act infringing an intellectual property rightF17 ...;

(b)

devices, products or components which are primarily designed, produced or adapted for the purpose of enabling or facilitating the circumvention of any technology, device or component that, in the normal course of its operation, prevents or restricts acts in respect of works which are not authorised by the holder of any copyright or any right related to copyright and which relate to an act infringing those rights F18 ...;

(c)

any mould or matrix which is specifically designed or adapted for the manufacture of goods infringing an intellectual property right, if such moulds or matrices relate to an act infringing an intellectual property right F19 ...;

(8)

‘right-holder’ means the holder of an intellectual property right;

(9)

‘application’ means a request made to the competent customs department for customs authorities to take action with respect to goods suspected of infringing an intellectual property right;

(10)

‘national application’ means an application requesting the customs authorities of [F20 the United Kingdom to take action];

(11)

F21 ...

(12)

‘applicant’ means the person or entity in whose name an application is submitted;

(13)

‘holder of the decision’ means the holder of a decision granting an application;

(14)

‘holder of the goods’ means the person who is the owner of the goods suspected of infringing an intellectual property right or who has a similar right of disposal, or physical control, over such goods;

(15)

‘declarant’ means the declarant as defined in [F22 section 159(4B)(a) or (b) of the Customs and Excise Management Act 1979];

(16)

‘destruction’ means the physical destruction, recycling or disposal of goods outside commercial channels, in such a way as to preclude damage to the holder of the decision;

(17)

F23 ...

(18)

‘release of the goods’ means the release of the goods [F24 within the meaning of paragraph 17(6) of Schedule 1 to the Taxation (Cross-border Trade) Act 2018];

(19)

‘small consignment’ means a postal or express courier consignment, which:

(a)

contains three units or less;

or

(b)

has a gross weight of less than two kilograms.

For the purpose of point (a), ‘units’ means goods as classified under the [F25 Harmonized Commodity Description and Coding System (“the Harmonized System”) provided for under the International Convention on the Harmonized System as done in Brussels on 14 June 1983 and as amended from time to time] if unpackaged, or the package of such goods intended for retail sale to the ultimate consumer.

For the purpose of this definition, separate goods falling in the same [F26 Harmonized System] code shall be considered as different units and goods presented as sets classified in one [F26 Harmonized System] code shall be considered as one unit;

(20)

‘perishable goods’ means goods considered by customs authorities to deteriorate by being kept for up to 20 days from the date of their suspension of release or detention;

(21)

‘exclusive licence’ means a licence (whether general or limited) authorising the licensee to the exclusion of all other persons, including the person granting the licence, to use an intellectual property right in the manner authorised by the licence.

Textual Amendments

F1 Art. 2(A1) inserted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(2) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(1)(c) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(3)(a) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(1)(e) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(3)(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(1)(f) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(3)(c) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(1)(g) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(3)(d) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 2(1)(h) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(3)(e) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(1)(i) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(3)(g) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(1)(j) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(3)(h) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 2(1)(k) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(3)(f) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(1)(l) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(3)(h) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 2(2)(3) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(4) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 2(4) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(5) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(5)(a) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(6) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(5)(b) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(6) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 2(6) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(7) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 2(7) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(8)(a) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 2(7)(a) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(8)(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 2(7)(b) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(8)(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 2(7)(c) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(8)(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 2(10) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(9) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Art. 2(11) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(10) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 2(15) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(11) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F23 Art. 2(17) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(12) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 2(18) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(13) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 2(19) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(14)(a) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 2(19) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 4(14)(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)