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The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

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InterpretationU.K.

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

“the 1979 Act” means the Customs and Excise Management Act 1979(1);

“application” means an application under Article 5 of the Council Regulation;

“the Commissioners” means the Commissioners of Customs and Excise;

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“the Council Regulation” means Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights(2);

“the customs and excise Acts” has the meaning given in section 1(1) of the 1979 Act;

“database rights” has the meaning given in regulation 13 of the Copyright and Rights in Databases Regulations 1997(3);

“decision” means a decision granting an application in accordance with Article 8 of the Council Regulation;

“declarant” has the meaning given in Article 4(18) of Council Regulation (EEC) No 2913/1992 establishing the Community Customs Code(4);

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“goods infringing an intellectual property right” has the meaning given in Article 2(1) of the Council Regulation and related expressions shall be construed accordingly;

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“publication rights” has the meaning given in regulation 16 of the Copyright and Related Rights Regulations 1996(5);

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“right-holder” has the meaning given in Article 2(2) of the Council Regulation;

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“working days” has the meaning given in Article 3(1) of Council Regulation (EEC, Euratom) No 1182/1971 determining the rules applicable to periods, dates and time limits(6).

(2) For the purposes of these Regulations, any reference in the Council Regulation to “copyright or related right” is to be construed as a reference to “copyright, rights in performances, publication rights or database rights”.

(3) These Regulations shall apply to goods which fall to be treated by virtue of [F12Article 2] of the Council Regulation as being goods infringing an intellectual property right; but these Regulations shall not apply to any goods in relation to which the Council Regulation does not apply by virtue of [F12Article 3] thereof.

Textual Amendments

(2)

OJ No L 196, 2.8.03, p 7.

(3)

S.I. 1997/3032.

(4)

OJ No L 302, 19.10.92, p 1.

(5)

S.I. 1996/2967, amended by S.I. 2003/2498.

(6)

OJ No L 124, 8.6.71, p 1.

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