Statutory Instruments
2007 No. 1508
CUSTOMS
intellectual property
The Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007
Made
22nd May 2007
Laid before Parliament
23rd May 2007
Coming into force
13th June 2007
Citation and commencement
1. These Regulations may be cited as the Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007 and come into force on 13th June 2007.
Form of notices
2. —(1) Notice given by the proprietor under section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995( 3 ) (notice that infringing goods are expected to arrive in the United Kingdom) shall be in the form set out in Schedule 1 to these Regulations, or a form to the like effect approved by the Commissioners.
(2) Notice given by the proprietor under section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995 (notice that goods which have arrived in the United Kingdom are infringing) shall be in the form set out in Schedule 2 to these Regulations, or a form to the like effect approved by the Commissioners.
Indemnity etc.
3. A person giving notice under—
(a) section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995; or
(b) section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995
must indemnify the Commissioners against all liability or expense that the Commissioners may incur in consequence of the giving of the notice, the detention of the goods, or anything done to the goods.
Paul Gray
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd May 2007
Regulation 2(1)
SCHEDULE 1 Notice under section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995
Regulation 2(2)
SCHEDULE 2 Notice under section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995
1995 c.32 ; section 12B was inserted by paragraph 14 of Schedule 3 to the London Olympic Games and Paralympic Games Act 2006 (c.12) . Paragraph 14 of Schedule 3 was brought into force on 2nd April 2007, the day appointed by S.I. 2007/1064 (c.44) . Section 12B provides that section 90 of the Trade Marks Act 1994 (c.26) (power of Commissioners of Customs and Excise to make regulations) has effect in relation to a notice under sections 12A(1) or 12A(8)(a) as in relation to a notice under section 89(1) of that Act. The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c.11) .
Section 12A was inserted by paragraph 14 of Schedule 3 to the London Olympic Games and Paralympic Games Act 2006 (c.12) .