Interpretation2

1

In these Regulations—

  • “the 1979 Act” means the Customs and Excise Management Act 19793;

  • “application” means an application under Article 5 of the Council Regulation;

  • “the Commissioners” means the Commissioners of Customs and Excise;

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  • “the Council Regulation” means Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights6;

  • “the customs and excise Acts” has the meaning given in section 1(1) of the 1979 Act;

  • “database rights” has the meaning given in regulation 13 of the Copyright and Rights in Databases Regulations 19977;

  • “decision” means a decision granting an application in accordance with Article 8 of the Council Regulation;

  • “declarant” has the meaning given in Article 4(18) of Council Regulation (EEC) No 2913/1992 establishing the Community Customs Code8;

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  • “goods infringing an intellectual property right” has the meaning given in Article 2(1) of the Council Regulation and related expressions shall be construed accordingly;

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  • “publication rights” has the meaning given in regulation 16 of the Copyright and Related Rights Regulations 199612;

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  • “right-holder” has the meaning given in Article 2(2) of the Council Regulation;

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  • “working days” has the meaning given in Article 3(1) of Council Regulation (EEC, Euratom) No 1182/1971 determining the rules applicable to periods, dates and time limits14.

2

For the purposes of these Regulations, any reference in the Council Regulation to “copyright or related right” is to be construed as a reference to “copyright, rights in performances, publication rights or database rights”.

3

These Regulations shall apply to goods which fall to be treated by virtue of F1Article 2 of the Council Regulation as being goods infringing an intellectual property right; but these Regulations shall not apply to any goods in relation to which the Council Regulation does not apply by virtue of F1Article 3 thereof.