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HMRC internal manual

Customs Intellectual Property Rights Guidance

Application process: Nature of legal proceedings

The proceedings must be of a judicial nature and will normally be via:

  1. The High Court or Patents County Court in England and Wales
  2. The Court of Session in Scotland
  3. The High Court in Northern Ireland

Formal proof is required that proceedings have commenced within the above limit - normally a copy of the claim form issued by the Court. It is not necessary for the applicant to serve the particulars of the claim on the respondent at this time, the Civil Procedure Rules allow up to four months after the issue of the claim by the Court. The ultimate fate of the goods will be decided by the Court and goods must be held at the disposal of the Court.