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HMRC internal manual

Customs Intellectual Property Rights Guidance

Goods suspected of infringing an IP right under customs control: Procedure for dealing with suspected IP infringing goods found in transit or transhipment

Council Regulation 1383/2003 permits the detention of goods where it is suspected that such goods infringe an intellectual property right and this includes goods in transit and transhipment (hereafter, references to ‘transit’ should be taken to also include ‘transhipment’) however we must be circumspect on how we deal with goods in transit.

Though the main area of sensitivity concerns goods that originate in a third country and are destined for a third country we must also tread carefully even where the ultimate destination is another Member State. We must take great care not to interfere with the free movement of goods which might not in the end breach a right that is enforceable in the UK.