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HMRC internal manual

Customs Intellectual Property Rights Guidance

Application of Section 89 Trade Marks Act 1994: Scope of the legislation

Under Section 89 of the Trade Mark Act 1994 right holders can request that infringing items which are expected to arrive from outside the Community should be considered as prohibited items.

Although when originally drafted this could cover any item deemed to be ‘counterfeit’ it can no longer be used where an application can be made under Council Regulation 1383/2003.