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The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

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This is the original version (as it was originally made).

Initiation of proceedings

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9.—(1) In the case of goods falling within paragraph (1) of regulation 8, the commencement of the proceedings described in paragraph (2) below, and only such proceedings, shall constitute the initiation of proceedings to determine whether an intellectual property right has been infringed for the purposes of the Council Regulation.

(2) The proceedings mentioned in paragraph (1) above are proceedings commenced in the relevant court by a right-holder alleging that the goods infringe an intellectual property right of his and seeking relief which that court has the power to grant after a finding of such infringement.

(3) Without prejudice to any provision of the Council Regulation, the suspension of the release of the goods, or their detention, shall cease if at any time the Commissioners—

(a)are not satisfied, or cease to be satisfied, that the proceedings described in paragraph (2) have been commenced; or

(b)are satisfied that such proceedings have been withdrawn or otherwise terminated without other such proceedings having been commenced.

(4) For the purposes of this regulation proceedings shall not be taken to have been commenced before—

(a)an originating process has been issued or, in the case of the Court of Session, signeted by the relevant court; and

(b)that process has been served on the other party or, if more than one, all the other parties to the proceedings, in accordance with the rules of the court concerned.

(5) In paragraph (4), the reference to an originating process is a reference to—

(a)in England and Wales, a claim form;

(b)in Scotland, a summons; or

(c)in Northern Ireland, a writ.

(6) For the purposes of this regulation the relevant court is—

(a)in England and Wales, the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988;

(b)in Scotland, the Court of Session; or

(c)in Northern Ireland, the High Court.

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