CHAPTER II U.K. APPLICATIONS

SECTION 1 U.K. Submission of applications

Article 3 U.K. Entitlement to submit an application

The following persons and entities shall, to the extent they are entitled to initiate proceedings, in order to determine whether an intellectual property right has been infringed, in the [F1 United Kingdom], be entitled to submit [F2 an application]:

(1)

[F3 right-holders;

(2)

intellectual property rights management collective bodies;

(3)

persons or entities authorised to use intellectual property rights, which have been authorised formally by the right-holder to initiate proceedings in order to determine whether the intellectual property right has been infringed.]

Textual Amendments

F1 Words in Art. 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), 5(a)(i) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 3 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), 5(a)(ii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 3(1)-(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), 5(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Article 4 U.K. Intellectual property rights covered by Union applications

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Art. 4 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), 6 (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Submission of applications

F5 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Applications shall be submitted to the competent customs department. The applications shall be completed using the form referred to in Article 6 and shall contain the information required therein.

3. Where an application is submitted after notification by the customs authorities of the suspension of the release or detention of the goods in accordance with Article 18(3), that application shall comply with the following:

(a) it is submitted to the competent customs department within four working days of the notification of the suspension of the release or detention of the goods;

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) it contains the information referred to in Article 6(3). The applicant may, however, omit the information referred to in point (g), (h) or (i) of that paragraph.

[F7 4. Only one application may be submitted for the same intellectual property right.]

F8 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Where computerised systems are available for the purpose of receiving and processing applications, applications as well as attachments shall be submitted using electronic data-processing techniques.F9 ...

Textual Amendments

F5 Art. 5(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), 7(a) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 5(3)(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), 7(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 5(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), 7(c) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 5(5) 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), 7(d) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 5(6) 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), 7(e) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Application form

[F10 1. The Commissioners for Her Majesty’s Revenue and Customs shall establish an application form.]

2. The application form shall specify the information that has to be provided to the data subject pursuant to [F11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).]

3. The F12 ... following information is required of the applicant in the application form:

(a) details concerning the applicant;

(b) the status, within the meaning of Article 3, of the applicant;

(c) documents providing evidence to satisfy the competent customs department that the applicant is entitled to submit the application;

(d) where the applicant submits the application by means of a representative, details of the person representing him and evidence of that person’s powers to act as representative, in accordance with the legislation of the [F13 United Kingdom];

(e) the intellectual property right or rights to be enforced;

F14 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) specific and technical data on the authentic goods, including markings such as bar-coding and images where appropriate;

(h) the information needed to enable the customs authorities to readily identify the goods in question;

(i) information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the intellectual property right or the intellectual property rights concerned, such as the authorised distributors;

(j) whether information provided in accordance with point (g), (h) or (i) of this paragraph is to be marked for restricted handling F15 ...;

(k) the details of any representative designated by the applicant to take charge of legal and technical matters;

(l) an undertaking by the applicant to notify the competent customs department of any of the situations laid down in Article 15;

(m) an undertaking by the applicant to forward and update any information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the intellectual property right(s) concerned;

(n) an undertaking by the applicant to assume liability under the conditions laid down in Article 28;

(o) an undertaking by the applicant to bear the costs referred to in Article 29 under the conditions laid down in that Article;

(p) an agreement by the applicant that the data provided by him may be processed by the [F16 United Kingdom];

(q) whether the applicant requests the use of the procedure referred to in Article 26 and, where requested by the customs authorities, agrees to cover the costs related to destruction of goods under that procedure.

Textual Amendments

F10 Art. 6(1) 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), 8(a) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 6(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), 8(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 6(3) 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), 8(c)(i) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 6(3)(d) 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), 8(c)(ii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 6(3)(f) 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), 8(c)(iii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 6(3)(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), 8(c)(iv) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 6(3)(p) 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), 8(c)(v) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)