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Regulation (EU) No 608/2013 of the European Parliament and of the CouncilShow full title
Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003
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Article 1U.K.Subject matter and scope
1.This Regulation sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right are, or should have been, subject to customs supervision or customs control F1..., particularly goods in the following situations:
(a)when declared for release for free circulation, export or re-export;
(b)when entering or leaving the customs territory of the [F2United Kingdom];
(c)when placed under a suspensive procedure or in a free zone or free warehouse.
2.In respect of the goods subject to customs supervision or customs control, and without prejudice to Articles 17 and 18, the customs authorities shall carry out adequate customs controls and shall take proportionate identification measures as provided for in Article 13(1) and Article 72 of Regulation (EEC) No 2913/92 in accordance with risk analysis criteria with a view to preventing acts in breach of intellectual property laws applicable in the territory of the [F3United Kingdom] and in order to cooperate with third countries on the enforcement of intellectual property rights.
3.This Regulation shall not apply to goods that have been released for free circulation under the end-use regime.
4.This Regulation shall not apply to goods of a non-commercial nature contained in travellers’ personal luggage.
5.This Regulation shall not apply to goods that have been manufactured with the consent of the right-holder or to goods manufactured, by a person duly authorised by a right-holder to manufacture a certain quantity of goods, in excess of the quantities agreed between that person and the right-holder.
6.This Regulation shall not affect [F4the law on intellectual property] in relation to criminal procedures.
Textual Amendments
F1Words in Art. 1(1) 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), 3(a)(i) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 1(1)(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), 3(a)(ii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 1(2) 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), 3(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 1(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), 3(c) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
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