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HMRC internal manual

Customs Intellectual Property Rights Guidance

Simplified procedures based upon Article 11 of Council Regulation 1383/2003: Request by right holder to consider suspect goods as abandoned for destruction

Under article 11 of the Council Regulation there is a permissive procedure that can lead to the abandonment and disposal of goods suspected of infringing an intellectual property right without placing the matter before a Court.

Where the right-holder wishes to extend this offer they should write to the declarant, the holder or the owner of the goods (interested parties) well before the expiry of the initial 10 working days (prescribed period) stating quite clearly the option to formally abandon the suspect goods for destruction and set out a reasonable time to respond to the request.

It is the responsibility of the right holder to make this offer to the interested parties and to ensure that they allow sufficient time for informed consent.