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HMRC internal manual

Customs Intellectual Property Rights Guidance

Glossary: Intellectual Property Right

An intellectual property is created when an idea takes some tangible form; it can often have a significant value to the owner either as a source of revenue via licence agreement or royalty or may be more ephemeral such as establishing and protecting the reputation of a brand. The owner of an intellectual property has the right to protect it from abuse by third parties, thus becoming a ‘right holder’, and as such is aided by EU and National Law which allows protection against abuse of:

  • trademark
  • copyright or related right or design right
  • patent
  • Supplementary Protection Certificate
  • plant variety right
  • designation of origin or geographical indication
  • geographical designation.

Intellectual property rights are infringed when someone, without the permission of the right holder, copies, reproduces or exploits the subject matter that is protected by the intellectual property rights. This includes the import etc of any mould or matrix specifically designed or adapted for the manufacture of infringing goods; including devices designed to circumvent copyright protection.