Overview

In our February and March alerts, we reported on the introduction of the 'simplified procedure' for destruction of goods detained by HMRC that are suspected of infringing an intellectual property right.

As we explained, a drafting omission in the implementing regulations meant that the simplified procedure was only effective where HMRC had detained goods in advance of the grant to a right holder of an application for action.

This omission has now been corrected by a further set of regulations, The Goods Infringing Intellectual Property Rights Regulations 2010, which will come into force on 16 April 2010. From that date, the simplified procedure will be fully operational and will apply to all situations where goods suspected of infringing an IP right are detained by HMRC.

Click to read more from SJ Berwin’s overview of HMRC’s new practical guidance.