New Legislation To Implement Simplified Customs Procedure Laid Before Parliament

The Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010 have been laid before Parliament and will come into force on 10 March 2010. A case in the Belfast courts found that the UK procedures were not complaint with Council Regulation 1383/2003. The 2010 Regulations are intended to bring the UK customs procedures fully into line with the Council Regulation. Significantly for brand owners, this includes providing for a "simplified procedure" which will allow officers at the border to destroy goods suspected of infringing an intellectual property right either with the agreement of one of the interested parties or where the interested parties fail to provide any response when offered the opportunity to agree or object to the abandonment of the goods.