The Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007

Statutory Instruments

2007 No. 1508

CUSTOMS

intellectual property

The Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007

Made

22nd May 2007

Laid before Parliament

23rd May 2007

Coming into force

13th June 2007

The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 12B(1) of the Olympic Symbol etc. (Protection) Act 1995(1) and section 90 of the Trade Marks Act 1994(2):

Citation and commencement

1.  These Regulations may be cited as the Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007 and come into force on 13th June 2007.

Form of notices

2.—(1) Notice given by the proprietor under section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995(3) (notice that infringing goods are expected to arrive in the United Kingdom) shall be in the form set out in Schedule 1 to these Regulations, or a form to the like effect approved by the Commissioners.

(2) Notice given by the proprietor under section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995 (notice that goods which have arrived in the United Kingdom are infringing) shall be in the form set out in Schedule 2 to these Regulations, or a form to the like effect approved by the Commissioners.

Indemnity etc.

3.  A person giving notice under—

(a) section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995; or

(b) section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995

must indemnify the Commissioners against all liability or expense that the Commissioners may incur in consequence of the giving of the notice, the detention of the goods, or anything done to the goods.

Paul Gray

Steve Lamey

Two of the Commissioners for Her Majesty’s Revenue and Customs

22nd May 2007

Regulation 2(1)

SCHEDULE 1 Notice under section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995

Regulation 2(2)

SCHEDULE 2 Notice under section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on 13th June 2007, prescribe the forms of the notices to be given under section 12A of the Olympic Symbol etc. (Protection) Act 1995 (“the 1995 Act”).

Regulation 2 and Schedules 1 and 2 prescribe the forms of the notices to be given to the Commissioners for HM Revenue and Customs, by the proprietor of the Olympics association right and the Paralympics association right, under sections 12A(1) and 12A(8)(a) of the 1995 Act.

The giving of such notice allows the Commissioners to detain or continue to detain certain goods that have been or are expected to be imported and that infringe the proprietor’s intellectual property rights in relation to the symbols.

Regulation 3 requires a person giving such notice to indemnify the Commissioners.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1995 c.32; section 12B was inserted by paragraph 14 of Schedule 3 to the London Olympic Games and Paralympic Games Act 2006 (c.12). Paragraph 14 of Schedule 3 was brought into force on 2nd April 2007, the day appointed by S.I. 2007/1064 (c.44). Section 12B provides that section 90 of the Trade Marks Act 1994 (c.26) (power of Commissioners of Customs and Excise to make regulations) has effect in relation to a notice under sections 12A(1) or 12A(8)(a) as in relation to a notice under section 89(1) of that Act. The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c.11).

(2)

1994 c.26.

(3)

Section 12A was inserted by paragraph 14 of Schedule 3 to the London Olympic Games and Paralympic Games Act 2006 (c.12).