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HMRC internal manual

Customs Intellectual Property Rights Guidance

Application process: Release of certain infringing items against security

In the case of goods suspected of infringing design rights, patents, supplementary protection certificates or plant variety rights; the declarant, the owner or the holder of the goods may obtain their release or an end to detention upon provision of security provided that:

  • a procedure to establish the IP status of the goods has been initiated
  • the appropriate Court has not put in place precautionary measures to prevent release
  • all normal customs formalities have been completed.

The security should be agreed between the right holder and the declarant, the owner or the holder of the goods and must be sufficient to protect the interests of the right holder but should also be proportionate.

The security will not normally be held by either HMRC or BF but will be a private arrangement between the parties concerned.

Any request for release under this provision is to be notified to the IPRE Policy Team.