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2. Section 64A of the Trade Marks Act 1938(1) (restrictions on importation of goods bearing infringing trade marks) shall not apply in respect of goods entered, or expected to be entered, for free circulation to the extent that the proprietor or registered user of the trade mark in question is entitled to lodge an application in respect of the goods under Article 3(1) of the Council Regulation.
1938 c. 22; section 64A was inserted by the Trade Descriptions Act 1968 (c. 29), section 17.
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