On 1 January 2014, a new Regulation 6082013 setting out the powers of customs authorities to deal with goods suspected of infringing intellectual
HM Revenue & Customs (HMRC) have again changed their procedures for seizing and detaining suspected counterfeit goods at UK borders.
In the case of Zino Davidoff SA v Bundesfinanzdirektion Sudost, the ECJ has ruled that the proprietor of an international trade mark protected under the Madrid Protocol has the same rights under the Counterfeit Goods Regulation (the Regulation) as the proprietor of a Community Trade Mark to secure action against infringing goods by the customs authorities of a number of EU member states.
Following a policy change by HM Revenue & Customs (HMRC), IP rights holders will now be required to go to court every time they want the customs authorities to seize counterfeit goods entering the UK.
In the case of Nokia Corporation v Her Majesty's Commissioners of Revenue & Customs (HMRC) the High Court has considered the extent to which brandowners can use the Counterfeit Goods Regulations (the Regulations) to seize counterfeit goods merely passing through the UK and not intended for sale here.
According to the US Embassy in Beijing, China is the number one source of counterfeit goods seized by US Immigrations and Customs Enforcement.