News
Changes in UK Customs procedures
On 22 June 2009, Her Majesty’s Revenue & Customs (HMRC) gave details of how it will deal with goods suspected of infringing an IPR discovered at the UK’s borders in the future.
In a nutshell
HMRC stated that, with immediate effect, the UK Customs’ procedures for seizing and detaining goods which infringe trade mark and/or copyright law will change to comply fully with Article 13 of European Council Regulation 1383/2003 (“the Regulation”).
From now on, when UK Customs come across goods they believe may infringe an IPR, they will detain them for 10 days and notify the IP rights holder or his nominated representative. They will pass on to the IP rights holder all the information required to decide whether the IPR have been infringed or not.
The period of detention by UK Customs cannot exceed 20 working days. This period is reduced to a maximum of three working days for perishable goods.
The UK government intends to introduce legislation to implement a simplified procedure based on Article 11 of the Regulation, but in the meantime, UK will apply the article as such.
Goods already detained and proceedings already initiated under the old procedure will continue to be processed under the old procedure. However, if the rights holder requests a 10-working-day extension, he will be informed that he must initiate legal proceedings. In the absence of a Court Order, no goods will be seized for a possible infringement of IPR after Friday 3 July 2009.
These changes in UK Customs procedures will have a significant impact on the seizure of goods suspected of infringing IPR. Now, the burden of proof shifts to the rights holder, who must confirm the infringement by initiating legal proceedings. UK Customs will no longer seize goods based solely on a witness statement. IPR rights holder must also be prepared to initiate legal proceedings within a strict time limit, unless they can reach a written agreement with the declarant, holder or owner of the goods to abandon them. Finally, UK Customs will now only seize goods if the rights holder obtains a Court Order which orders UK Customs to seize specified goods.
Here follows the 22 June letter from HMCR:
