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HMRC internal manual

Customs Intellectual Property Rights Guidance

From
HM Revenue & Customs
Updated
, see all updates

Application process: Goods suspected of infringing an IPR

Before goods are detained under the council Regulation the case officer must have grounds to suspect that they infringe an IPR.

Goods suspected of infringing an intellectual property right means goods where there is adequate evidence to satisfy customs authorities that they are the subject of an action (e.g. importation) infringing an intellectual property right under domestic or EU law.

Where there is doubt officers may consult the right holder prior to formally detaining the goods. The right holder may be given basic non-nominal information concerning the goods under consideration such as the country of origin and description, which may be in the form of a digital photograph.