Amendment of the Copyright, Designs and Patents Act 1988

2.—(1) Section 111 of the Copyright, Designs and Patents Act 1988(1) shall be amended as follows.

(2) After subsection (3) insert—

“(3A) The Commissioners may treat as prohibited goods only infringing copies of works which arrive in the United Kingdom—

(a) from outside the European Economic Area, or

(b) from within that Area but not having been entered for free circulation.

(3B) This section does not apply to goods entered, or expected to be entered, for free circulation, export, re-export or for a suspensive procedure in respect of which an application may be made under Article 3(1) of Council Regulation (EC) No. 3295/94(2) laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods.”.

(3) In subsection (4), for the words “is prohibited” substitute “subject to subsections (3A) and (3B), is prohibited”.

(1)

1988 c. 48.

(2)

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