Thursday, April 2, 2009

Intellectual Property rights

Intellectual Property (IP) rights are protected and customs officers can help you if you suspect your rights are being infringed.IP rights such as copyright, trade marks or designs are protected under European law. Goods that infringe IP laws include

counterfeit or pirated goods,goods that infringe patents,plants that infringe National or Community Plant Variety regulations,goods that infringe geographical labelling regulationsHM Revenue & Customs (HMRC) will act for UK traders who suspect their business identity or products are being abused by the import of bogus goods

If you suspect that goods arriving in the UK are infringing your IP rights, HMRC can take action. You must inform HMRC and provide a description of the goods that is accurate enough to enable the goods to be intercepted. To advise HMRC of a suspected copyright infringement, complete and submit HMRC form C 1340. If you think an infringement is taking place in two or more European Union (EU) member states, you should tell HMRC using form C 1340A


If HMRC suspect the goods, it will detain them. If counterfeited or pirated goods are suspected of infringing IP rights, both the owner of the copyright and the importer or exporter will be sent a sample to verify the infringement. For other types of infringement, such as patent breaches, HMRC will send you a sample that you must examine and you must explain to HMRC why the goods are fraudulent. The case can then be referred to the relevant court of law

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