Regulation (EU) No 608/2013 of the European Parliament and of the CouncilShow full title

CHAPTER III U.K. ACTION BY THE CUSTOMS AUTHORITIES

SECTION 1 U.K. Suspension of the release or detention of goods suspected of infringing an intellectual property right

Article 17 U.K. Suspension of the release or detention of the goods following the grant of an application

1. Where the customs authorities identify goods suspected of infringing an intellectual property right covered by a decision granting an application, they shall suspend the release of the goods or detain them.

2. Before suspending the release of or detaining the goods, the customs authorities may ask the holder of the decision to provide them with any relevant information with respect to the goods. The customs authorities may also provide the holder of the decision with information about the actual or estimated quantity of goods, their actual or presumed nature and images thereof, as appropriate.

3. The customs authorities shall notify the declarant or the holder of the goods of the suspension of the release of the goods or the detention of the goods within one working day of that suspension or detention.

Where the customs authorities opt to notify the holder of the goods and two or more persons are considered to be the holder of the goods, the customs authorities shall not be obliged to notify more than one of those persons.

The customs authorities shall notify the holder of the decision of the suspension of the release of the goods or the detention on the same day as, or promptly after, the declarant or the holder of the goods is notified.

The notifications shall include information on the procedure set out in Article 23.

4. The customs authorities shall inform the holder of the decision and the declarant or the holder of the goods of the actual or estimated quantity and the actual or presumed nature of the goods, including available images thereof, as appropriate, whose release has been suspended or which have been detained. The customs authorities shall also, upon request and where available to them, inform the holder of the decision of the names and addresses of the consignee, the consignor and the declarant or the holder of the goods, of the customs procedure and of the origin, provenance and destination of the goods whose release has been suspended or which have been detained.

Article 18 U.K. Suspension of the release or detention of the goods before the grant of an application

1. Where the customs authorities identify goods suspected of infringing an intellectual property right, which are not covered by a decision granting an application, they may, except for in the case of perishable goods, suspend the release of those goods or detain them.

2. Before suspending the release of or detaining the goods suspected of infringing an intellectual property right, the customs authorities may, without disclosing any information other than the actual or estimated quantity of goods, their actual or presumed nature and images thereof, as appropriate, request any person or entity potentially entitled to submit an application concerning the alleged infringement of the intellectual property rights to provide them with any relevant information.

3. The customs authorities shall notify the declarant or the holder of the goods of the suspension of the release of the goods or their detention within one working day of that suspension or detention.

Where the customs authorities opt to notify the holder of the goods and two or more persons are considered to be the holder of the goods, the customs authorities shall not be obliged to notify more than one of those persons.

The customs authorities shall notify persons or entities entitled to submit an application concerning the alleged infringement of the intellectual property rights, of the suspension of the release of the goods or their detention on the same day as, or promptly after, the declarant or the holder of the goods is notified.

The customs authorities may consult the competent public authorities in order to identify the persons or entities entitled to submit an application.

The notifications shall include information on the procedure set out in Article 23.

4. The customs authorities shall grant the release of the goods or put an end to their detention immediately after completion of all customs formalities in the following cases:

(a) where they have not identified any person or entity entitled to submit an application concerning the alleged infringement of intellectual property rights within one working day from the suspension of the release or the detention of the goods;

(b) where they have not received an application in accordance with Article 5(3), or where they have rejected such an application.

5. Where an application has been granted, the customs authorities shall, upon request and where available to them, inform the holder of the decision of the names and addresses of the consignee, the consignor and the declarant or the holder of the goods, of the customs procedure and of the origin, provenance and destination of the goods whose release has been suspended or which have been detained.

Article 19 U.K. Inspection and sampling of goods whose release has been suspended or which have been detained

1. The customs authorities shall give the holder of the decision and the declarant or the holder of the goods the opportunity to inspect the goods whose release has been suspended or which have been detained.

2. The customs authorities may take samples that are representative of the goods. They may provide or send such samples to the holder of the decision, at the holder’s request and strictly for the purposes of analysis and to facilitate the subsequent procedure in relation to counterfeit and pirated goods. Any analysis of those samples shall be carried out under the sole responsibility of the holder of the decision.

3. The holder of the decision shall, unless circumstances do not allow, return the samples referred to in paragraph 2 to the customs authorities on completion of the analysis, at the latest before the goods are released or their detention is ended.

Article 20 U.K. Conditions for storage

The conditions of storage of goods during a period of suspension of release or detention shall be determined by the customs authorities.

Article 21 U.K. Permitted use of certain information by the holder of the decision

Where the holder of the decision has received the information referred to in Article 17(4), Article 18(5), Article 19 or Article 26(8), he may disclose or use that information only for the following purposes:

(a)

to initiate proceedings to determine whether an intellectual property right has been infringed and in the course of such proceedings;

(b)

in connection with criminal investigations related to the infringement of an intellectual property right and undertaken by public authorities in the [F1 United Kingdom];

(c)

to initiate criminal proceedings and in the course of such proceedings;

(d)

to seek compensation from the infringer or other persons;

(e)

to agree with the declarant or the holder of the goods that the goods be destroyed in accordance with Article 23(1);

(f)

to agree with the declarant or the holder of the goods of the amount of the guarantee referred to in point (a) of Article 24(2).

Textual Amendments

F1 Words in Art. 21(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), 14 (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 22 U.K. Sharing of information and data between customs authorities

1. Without prejudice to applicable provisions on data protection in the [F2 United Kingdom] and for the purpose of contributing to eliminating international trade in goods infringing intellectual property rights, F3 ... the customs authorities of the [F4 United Kingdom] may share certain data and information available to them with the relevant authorities in third countries according to the practical arrangements referred to in paragraph 3.

2. The data and information referred to in paragraph 1 shall be exchanged to swiftly enable effective enforcement against shipments of goods infringing an intellectual property right. Such data and information may relate to seizures, trends and general risk information, including on goods which are in transit F5 ... and which have originated in or are destined for the territory of third countries concerned. Such data and information may include, where appropriate, the following:

(a) nature and quantity of goods;

(b) suspected intellectual property right infringed;

(c) origin, provenance and destination of the goods;

(d) information on movements of means of transport, in particular:

(i)

name of vessel or registration of means of transport;

(ii)

reference numbers of freight bill or other transport document;

(iii)

number of containers;

(iv)

weight of load;

(v)

description and/or coding of goods;

(vi)

reservation number;

(vii)

seal number;

(viii)

place of first loading;

(ix)

place of final unloading;

(x)

places of transhipment;

(xi)

expected date of arrival at place of final unloading;

(e) information on movements of containers, in particular:

(i)

container number;

(ii)

container loading status;

(iii)

date of movement;

(iv)

type of movement (loaded, unloaded, transhipped, entered, left, etc.);

(v)

name of vessel or registration of means of transport;

(vi)

number of voyage/journey;

(vii)

place;

(viii)

freight bill or other transport document.

[F6 3. The Commissioners for Her Majesty’s Revenue and Customs shall make the necessary practical arrangements concerning the exchange of data and information referred to in paragraphs 1 and 2 of this Article.]

Textual Amendments

F2 Words in Art. 22(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), 15(a)(i) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 22(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), 15(a)(ii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 22(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), 15(a)(iii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 22(2) 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), 15(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 22(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), 15(c) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 2 U.K. Destruction of goods, initiation of proceedings and early release of goods

Article 23 U.K. Destruction of goods and initiation of proceedings

1. Goods suspected of infringing an intellectual property right may be destroyed under customs control, without there being any need to determine whether an intellectual property right has been infringed under the law of the [F7 United Kingdom], where all of the following conditions are fulfilled:

(a) the holder of the decision has confirmed in writing to the customs authorities, within 10 working days, or three working days in the case of perishable goods, of notification of the suspension of the release or the detention of the goods, that, in his conviction, an intellectual property right has been infringed;

(b) the holder of the decision has confirmed in writing to the customs authorities, within 10 working days, or three working days in the case of perishable goods, of notification of the suspension of the release or the detention of the goods, his agreement to the destruction of the goods;

(c) the declarant or the holder of the goods has confirmed in writing to the customs authorities, within 10 working days, or three working days in the case of perishable goods, of notification of the suspension of the release or the detention of the goods, his agreement to the destruction of the goods. Where the declarant or the holder of the goods has not confirmed his agreement to the destruction of the goods nor notified his opposition thereto to the customs authorities, within those deadlines, the customs authorities may deem the declarant or the holder of the goods to have confirmed his agreement to the destruction of those goods.

The customs authorities shall grant the release of the goods or put an end to their detention, immediately after completion of all customs formalities, where within the periods referred to in points (a) and (b) of the first subparagraph, they have not received both the written confirmation from the holder of the decision that, in his conviction, an intellectual property right has been infringed and his agreement to destruction, unless those authorities have been duly informed about the initiation of proceedings to determine whether an intellectual property right has been infringed.

2. The destruction of the goods shall be carried out under customs control and under the responsibility of the holder of the decisionF8 .... Samples may be taken by competent authorities prior to the destruction of the goods. Samples taken prior to destruction may be used for educational purposes.

3. Where the declarant or the holder of the goods has not confirmed his agreement to the destruction in writing and where the declarant or the holder of the goods has not been deemed to have confirmed his agreement to the destruction, in accordance with point (c) of the first subparagraph of paragraph 1 within the periods referred to therein, the customs authorities shall immediately notify the holder of the decision thereof. The holder of the decision shall, within 10 working days, or three working days in the case of perishable goods, of notification of the suspension of the release or the detention of the goods, initiate proceedings to determine whether an intellectual property right has been infringed.

4. Except in the case of perishable goods the customs authorities may extend the period referred to in paragraph 3 by a maximum of 10 working days upon a duly justified request by the holder of the decision in appropriate cases.

5. The customs authorities shall grant the release of the goods or put an end to their detention, immediately after completion of all customs formalities, where, within the periods referred to in paragraphs 3 and 4, they have not been duly informed, in accordance with paragraph 3, on the initiation of proceedings to determine whether an intellectual property right has been infringed.

Textual Amendments

F7 Words in Art. 23(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), 16(a) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 23(2) 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), 16(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 24 U.K. Early release of goods

1. Where the customs authorities have been notified of the initiation of proceedings to determine whether a design, patent, F9 ... topography of semiconductor product or plant variety has been infringed, the declarant or the holder of the goods may request the customs authorities to release the goods or put an end to their detention before the completion of those proceedings.

2. The customs authorities shall release the goods or put an end to their detention only where all the following conditions are fulfilled:

(a) the declarant or the holder of the goods has provided a guarantee that is of an amount sufficient to protect the interests of the holder of the decision;

(b) the authority competent to determine whether an intellectual property right has been infringed has not authorised precautionary measures;

(c) all customs formalities have been completed.

3. The provision of the guarantee referred to in point (a) of paragraph 2 shall not affect the other legal remedies available to the holder of the decision.

Textual Amendments

F9 Words in Art. 24(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), 17 (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 25 U.K. Goods for destruction

1. Goods to be destroyed under Article 23 or 26 shall not be:

(a) released for free circulation, unless customs authorities, with the agreement of the holder of the decision, decide that it is necessary in the event that the goods are to be recycled or disposed of outside commercial channels, including for awareness-raising, training and educational purposes. The conditions under which the goods can be released for free circulation shall be determined by the customs authorities;

(b) brought out of the customs territory of the [F10 United Kingdom];

(c) exported;

(d) re-exported;

(e) placed under a suspensive procedure;

(f) placed in a free zone or free warehouse.

2. The customs authorities may allow the goods referred to in paragraph 1 to be moved under customs supervision between different places within the customs territory of the [F11 United Kingdom] with a view to their destruction under customs control.

Textual Amendments

F10 Words in Art. 25(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), 18 (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 25(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), 18 (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 26 U.K. Procedure for the destruction of goods in small consignments

1. This Article shall apply to goods where all of the following conditions are fulfilled:

(a) the goods are suspected of being counterfeit or pirated goods;

(b) the goods are not perishable goods;

(c) the goods are covered by a decision granting an application;

(d) the holder of the decision has requested the use of the procedure set out in this Article in the application;

(e) the goods are transported in small consignments.

2. When the procedure set out in this Article is applied, Article 17(3) and (4) and Article 19(2) and (3) shall not apply.

3. The customs authorities shall notify the declarant or the holder of the goods of the suspension of the release of the goods or their detention within one working day of the suspension of the release or of the detention of the goods. The notification of the suspension of the release or the detention of the goods shall include the following information:

(a) that the customs authorities intend to destroy the goods;

(b) the rights of the declarant or the holder of the goods under paragraphs 4, 5 and 6.

4. The declarant or the holder of the goods shall be given the opportunity to express his point of view within 10 working days of notification of the suspension of the release or the detention of the goods.

5. The goods concerned may be destroyed where, within 10 working days of notification of the suspension of the release or the detention of the goods, the declarant or the holder of the goods has confirmed to the customs authorities his agreement to the destruction of the goods.

6. Where the declarant or the holder of the goods has not confirmed his agreement to the destruction of the goods nor notified his opposition thereto to the customs authorities, within the period referred to in paragraph 5, the customs authorities may deem the declarant or the holder of the goods to have confirmed his agreement to the destruction of the goods.

7. The destruction shall be carried out under customs control. The customs authorities shall, upon request and as appropriate, provide the holder of the decision with information about the actual or estimated quantity of destroyed goods and their nature.

8. Where the declarant or the holder of the goods has not confirmed his agreement to the destruction of the goods and where the declarant or the holder of the goods has not been deemed to have confirmed such agreement, in accordance with paragraph 6, the customs authorities shall immediately notify the holder of the decision thereof and of the quantity of goods and their nature, including images thereof, where appropriate. The customs authorities shall also, upon request and where available to them, inform the holder of the decision of the names and addresses of the consignee, the consignor and the declarant or the holder of the goods, of the customs procedure and of the origin, provenance and destination of the goods whose release has been suspended or which have been detained.

9. The customs authorities shall grant the release of the goods or put an end to their detention immediately after completion of all customs formalities where they have not received information from the holder of the decision on the initiation of proceedings to determine whether an intellectual property right has been infringed within 10 working days of the notification referred to in paragraph 8.

F12 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 26(10) 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), 19 (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)