The Goods Infringing Intellectual Property Rights (Consequential Provisions) Regulations 1999

2.—(1) In these Regulations:

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

“application” means an application under Article 3(1) of the Council Regulation;

“business day” has the meaning given by section 92 of the Bills of Exchange Act 1882(2);

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

“the Council Regulation” means Council Regulation (EC) No. 3295/94(3) as amended by Council Regulation (EC) No. 241/1999(4), 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;

“counterfeit goods” has the meaning given by Article 1(2)(a) of the Council Regulation;

“decision” means a decision granting an application in accordance with Article 3(5) of the Council Regulation;

“design right” has the meaning given by section 213(1) of Part III of the Copyright, Designs and Patents Act 1988(5);

“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 related expressions shall be construed accordingly;

“goods infringing a patent” has the same meaning as in the Council Regulation;

“goods infringing a supplementary protection certificate” has the same meaning as in the Council Regulation;

“holder of a right” has the meaning given by Article 1(2)(b) of the Council Regulation;

“pirated goods” has the meaning given by Article 1(2)(a) of the Council Regulation;

“registered design” shall be construed in accordance with the Registered Designs Act 1949(6).

(2) For the purposes of the Council Regulation, any reference in it to “copyright, or neighbouring rights” is to be construed as a reference to “copyright, or rights in performances”.

(3) These Regulations shall apply to goods which fall to be treated by virtue of Article 1(3) of the Council Regulation as being goods within paragraph (2)(a) of that Article as they apply to any goods within that paragraph; but these Regulations shall not apply to any goods in relation to which the Council Regulation does not apply by virtue of Article 1(4) thereof.

(1)

1979 c. 2.

(2)

1882 c. 67 (45 & 46 Vict); section 92 was amended by sections 3 and 4 of the Banking and Financial Dealings Act 1971 (c. 80).

(3)

O.J. No. L341, 30.12.94, p. 8.

(4)

O.J. No. L27, 2.2.99, p. 1.

(5)

1988 (c. 48).

(6)

1949 (c. 88) as amended by the Copyright, Designs and Patents Act 1988. A consolidated version of the Registered Designs Act 1949 is contained in Schedule 4 to the Copyright, Designs and Patents Act 1988.