The Goods Infringing Intellectual Property Rights (Customs) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

Council Regulation 3295/94(1), as amended by Council Regulation 241/99(2), contains measures to prevent counterfeit and pirated goods from entering into the European Community, or being exported or re-exported from it. Article 3.4 of Regulation 3295/94 permits the imposition of a fee to cover the administrative costs incurred following a decision to grant an application seeking customs interception of goods suspected of infringing certain intellectual property rights. Regulation 3295/94 is scheduled to be replaced on 1st July 2004 by a new Council Regulation(3) which abolishes such fees.

Regulation 6 of the Goods Infringing Intellectual Property Rights (Customs) Regulations 1999 (“the 1999 Regulations”) introduced a scale of fees payable to HM Customs and Excise in relation to decisions granting an application seeking customs interception of goods suspected of infringing certain intellectual property rights.

These Regulations delete Regulation 6 of the 1999 Regulations with effect from 1st October 2003, abolishing the fee payable to HM Customs and Excise in advance of the entry into force of the new Council Regulation(3). The other provisions of the 1999 Regulations will remain in force.

(1)

OJ L 341, 30.12.1994, p8

(2)

OJ L 27, 2.2.1999, p1

(3)

Council Regulation 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