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HMRC internal manual

Customs Intellectual Property Rights Guidance

From
HM Revenue & Customs
Updated
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Simplified procedures based upon Article 11 of Council Regulation 1383/2003: Consent to abandon refused

Goods may not be held to be abandoned for destruction where any of the interested parties has specifically opposed destruction within the specified period; notwithstanding the fact that another interested party has given consent.

Should any of the interested parties make their objection known directly to the case officer then the officer must immediately bring this to the attention of the right holder and inform them that abandonment is not appropriate.

Where consent has been withheld the right holder must initiate proceedings within the prescribed period (including any extension) or the goods must be released.