CUSTOMS AND EXCISE 1 These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) Regulations 1999 and shall come into force on 1st July 1999. 2 In these Regulations– “application” means an application under Article 3(1) of the Council Regulation, and “applicant” shall be construed accordingly; “business day” has the meaning given in section 92 of the Bills of Exchange Act 1882 ; “the Commissioners” means the Commissioners of Customs and Excise; “Community trademark” means a trademark as defined in Council Regulation ( EC ) No. 40/94 ; “the Council Regulation” means Council Regulation (EC) No. 3295/94 , as amended by Council Regulation (EC) No. 241/1999 , laying down measures concerning the entry into the Community and the export and re-export from the Community of goods infringing certain intellectual property rights; “decision” means a decision granting an application in accordance with Article 3(5) of the Council Regulation; “goods infringing an intellectual property right” has the meaning given by Article 1(2)(a) of the Council Regulation (counterfeit goods, pirated goods and goods infringing a patent or supplementary protection certificate), and “intellectual property right” shall be construed accordingly. 3 Except where it specifies a Community trademark which the applicant holds or is authorised to use and seeks action by the customs authorities of another member State, an application made to the Commissioners shall be in the form set out in the Schedule to these Regulations, or a form to the like effect approved by the Commissioners, containing full particulars of the matters specified therein. 4 1 The applicant shall give to the Commissioners such security or further security, within such time and in such manner, whether by deposit of a sum of money or guarantee, as the Commissioners may require, against the matters mentioned in paragraph (2) below. 2 The matters against which security or further security shall be given are all actions, proceedings, claims and demands whatsoever which may be taken or made against, or costs and expenses which may be incurred by, the Commissioners in consequence of the detention of, or anything done in relation to, any goods to which the application or decision relates. 5 In every case, whether any security or further security is given or not, the applicant shall keep the Commissioners indemnified against all such liability and expense as is mentioned in regulation 4(2) above and in particular shall repay to them all expense which may be incurred by them in consequence of the detention of, or anything done in relation to, any goods to which the application or decision relates. 6 1 Where a decision is given, the applicant shall pay the Commissioners a fee of the relevant amount in relation to each of the following– a the period specified in the decision; and b any period by which that period is extended. 2 The fee mentioned in paragraph (1) above shall be payable notwithstanding that the application is not made to the Commissioners but– a the application specifies a Community trademark which the applicant holds or is authorised to use; b the application has been made to the customs authorities of another member State; c the application seeks action by the Commissioners; and d a decision granting the application has been forwarded to the Commissioners in accordance with Article 5(2) of the Council Regulation. 3 For the purposes of this regulation the relevant amount is– a for a period not exceeding one month, £200 plus VAT ; b for a period not exceeding three months, £400 plus VAT; c for a period not exceeding six months, £700 plus VAT; d for a period not exceeding twelve months, £1,200 plus VAT; or e for a period of or exceeding twelve months– i £1,200 plus VAT for each complete period of twelve months, and ii an amount calculated in accordance with sub-paragraphs (a) to (d) above for any additional period. 7 In the event that the Commissioners require the applicant to examine a sample of detained goods which appear to them both to correspond to the description of goods contained in a decision and to be goods infringing an intellectual property right the applicant shall, within 10 business days from the date of the request by the Commissioners, or within such further time, not exceeding 10 business days, as the Commissioners may allow, provide such information as the Commissioners may require in order to be satisfied that the sample is comprised of goods infringing an intellectual property right. 8 A decision shall have no effect or no further effect where– a the applicant has failed to comply with any of the requirements of these Regulations; b any change, following the making of the application, which takes place in the ownership or authorised use of the intellectual property right specified in the application, is not communicated in writing to the Commissioners; or c the intellectual property right specified in the application expires. 9 The Counterfeit and Pirated Goods (Customs) Regulations 1995 are hereby revoked. A.R. Rawsthorne Commissioner of Customs and Excise New King’s Beam House 22, Upper Ground London SE1 9PJ 9th June 1999