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HMRC internal manual

Customs Intellectual Property Rights Guidance

Goods suspected of infringing an IP right under customs control: Goods not in free circulation which are stored or held under Customs control

The provisions of Council Regulation 1383/2003 apply not only to goods found at the external border but also to goods held under customs control such as in an approved warehouse or storage facility which may be at an inland location.

Where in the course of their duties BF or HMRC control staff come across goods which are not in free circulation in the EU that they suspect of infringing an intellectual property right they shall suspend the release of those goods or detain them and contact the IPRE for further advice.

Where intelligence indicates that suspect goods may be present in a customs warehouse the IPRE will contact the relevant control staff and arrange for the appropriate action to be undertaken.