Out-Law / Your Daily Need-To-Know

From the start of this month, all UK businesses have been able to ensure that their rights are being protected against counterfeit goods imported into UK markets, free of charge. Previously, only businesses that paid a £1,400 fee could register their products with HM Customs and Excise.

Economic Secretary to the Treasury John Healey last month introduced legislation to abolish all intellectual property right registration fees with Customs. It came into force on 1st October, as part of a new package of measures by Customs and Excise and the DTI to tackle counterfeiting and protect the intellectual property rights of businesses in the UK.

The Goods Infringing Intellectual Property Rights (Customs) Regulations 2003 do not mean that the protection is free of charge, however, as the applicant may well be liable for the expenses and liabilities – such as storage – incurred by Customs.

New DTI measures which are due to come in later this year will remove restrictions on Customs passing information on consignments of goods bearing false or misleading marks of origin to Trading Standards Departments. Customs and the DTI will be issuing joint guidance to the trade to coincide with the introduction of these new DTI measures.

Gerry Sutcliffe, Minister for Employment Relations, Competition and Consumers said:

"The ability for Customs to pass to Trading Standards information on consignments bearing false or misleading marks of origin is vital to combat the illegal trade in these goods. The new measures will enable us to tackle this trade not only at the time of importation but inland as well. This can only be good news for British manufacturers and consumers who will be protected from rogue traders selling and importing potentially cheap and dangerous goods."

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