UK - A new way to administer the intellectual property regime in respect of Trademark and Copyright infringing goods

Since the 22nd of June 2009 changed the way goods suspected of infringing Intellectual Property are to be dealt at the frontier. H&M Revenue and Custom, in compliance with Article 13 of Council Regulation 1383/2003, will no longer seize items with only witness statements, but will detain them pending the outcome of court proceedings filed by the right holder and only seize the goods if directed to do so by the appropriate court. This change will have a strong impact on the right holder trademark and copyright protection strategy at the frontier. The H&M Revenue and Custom practice was to seize infringing items accepting a witness statement from the right holder as confirmation that the illegal nature of the goods. The rightholder was then liable for forfeiture. Now the burden of proof is upon the right holder who must begin legal proceedings in order to confirm the infringing nature of the goods. It was the implementation of the Regulation (EC) 1383/2003 in the UK, by SI 2004 No. 1473 “The Goods Infringing Intellectual Property Rights Customs Regulations 2004” that caused the transition.

07/02/2009 | Legal