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HMRC internal manual

Customs Intellectual Property Rights Guidance

Post-Detention Action: Disposal of goods

Goods will normally be destroyed or disposed of under the direction of the Court but under exceptional circumstances the condemned goods may be delivered to the right-holder either for charitable, training or publicity purposes.

Direct requests from charities or any other entity involving the sale of such goods is always to be refused. Such practice is counter to EU law and could leave HMRC or BF open to claims for damages from the right-holder.

Save in exceptional cases removing trademarks affixed to counterfeit goods shall not be regarded as sufficient to facilitate the entry of the goods into commercial channels.

A customs debt may occur where goods abandoned for destruction under Article 11 are not destroyed, but are put to some other purpose such as charitable donation or are recycled.