S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. (1990_si_118) | IE

ISB SI

Reg. 1 S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

1. Applications may be lodged only by the proprietor or registered user of the trade mark or a person acting on their behalf.

ISB SI

Reg. 2 S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

2. A fee of £400 is payable upon the grant of an application.

ISB SI

Reg. 3 S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

3. Each application must be accompanied by the certificate of registration of the trade mark (or a copy thereof), and, where appropriate, by the latest renewal certificate (or a copy thereof) or a certificate from the Controller of Patents, Designs and Trade Marks giving details of the registered trade mark.

ISB SI

Reg. 4 S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

4. Each application is valid for a maximum period of 3 months.

ISB SI

Reg. 5 S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

5. Completed application forms should be forwarded to Division 1, Office of the Revenue Commissioners, Stamping Building, Dublin Castle, Dublin 2.

C.& E. No. 1054.

GIVEN under my Official Seal, this 10th day of May, 1990.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations give full effect to Council Regulation (EEC) No. 3842/86 of 1st December, 1986 on measures to prohibit the release for free circulation of counterfeit goods.

They prescribe the form of application to be used, and the fee to be paid, by trade mark owners and registered users seeking the interception and seizure of counterfeit goods. They set out the requirements as to the furnishing of security to, and indemnifying of, the Revenue Commissioners against liability or expense arising out of such detention. They provide that counterfeit goods shall be treated as prohibited goods under the Customs Acts.

ISB SI

Reg. 6 S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

6. (1) Counterfeit goods which both correspond to the description of goods contained in an application granted by the Revenue Commissioners under Article 3.3 of the Council Regulation and bear a trade mark identical to or substantially indistinguishable from the registered trade mark mentioned in that application shall not, if entered for free circulation during the period specified by the Revenue Commissioners, be imported into the State.

(2) Counterfeit goods prohibited from being imported under paragraph (1) of this Regulation shall be deemed to be prohibited from being imported for the purposes of sections 42, 178, 202, 207 and 208 of the Customs Consolidation Act, 1876, as amended, and

sections 6

,

7

and

9

of the

Customs and Excise (Miscellaneous Provisions) Act, 1988

(No. 10 of 1988).

ISB SI

Reg. 7 S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

7. (1) An applicant shall give to the Revenue Commissioners such security within such time and in such manner as they may require against all actions, proceedings, claims and demands whatsoever which may be taken or made against, or costs and expenses which may be incurred by them in consequence of the detention of, or anything done in relation to, any goods to which the application relates.

(2) An applicant shall, whether or not any security as provided for in paragraph (1) of this Regulation is given, keep the Revenue Commissioners indemnified against all such liability and expense as is mentioned in the said paragraph.

ISB SI

Reg. 8 S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

8. An application shall have no effect or where a decision to grant an application under Article 3.3 of the Council Regulation has been made by the Revenue Commissioners that decision shall cease to have any further effect, without prejudice to the validity of anything already done thereunder where—

(i) the applicant has failed to comply with any of the requirements of these Regulations, or

(ii) any change, following the making of the application, which takes place in the ownership or authorised use or in the registration of the trade mark specified in the application, is not communicated in writing to the Revenue Commissioners.

ISB SI

Reg. 9 S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

9. The provisions of section 16 of the Merchandise Marks Act, 1887, as amended, and any Regulations made thereunder shall not apply to imported goods entered for free circulation in respect of which a decision to grant an application has been made by the Revenue Commissioners under Article 3.3 of the Council Regulation.

SCHEDULE

C. & E. 1054

APPLICATION TO SUSPEND RELEASE OF COUNTERFEIT GOODS ENTERED FOR FREE CIRCULATION

I ............................................................ ............................................................ ..............................................declare that

(Full name in block letters)

Name and address of Company etc.

............................................................ ............................................................ ............................................................ ..........

is the proprietor/registered user* of the trade mark (registration number ........................... ) shown below which registration is valid until.............................., 19.......... and I request the Revenue Commissioners to suspend release of the goods shown hereunder if entered for free circulation during the period from .................. day of ....................................., 19....... to ............ day of ......., 19 .........

*Delete as necessary.

TRADE MARK

A representation of the registered trade mark should be set down or attached here or given on an appendix to this application

GOODS

A detailed description of each item below should be attached to this application

Item

Tariff Code No.

Country of Origin

................................................

...................................................

..........................................................

................................................

...................................................

..........................................................

................................................

...................................................

..........................................................

DETAILS OF IMPORTATION

As many details as possible of importation should be given.

If necessary attach extra sheet.

Country of consignment/

Date and Place of loading abroad

Date and Place of

Importation

Place of unloading

of goods.

Name of Ship/Vehicle Reg.

No./Flight No.

Present location of goods

Name and Address of Importer

Consignment reference number/Airway bill

............................................................ ................................

Number of packages/identifying

Marks

............................................................ .................................

............................................................ ................................

Persons known to be importers of the goods which legitimately bear the trade mark

Other persons who are also register users of the trade mark in and/or* outside Ireland

Name and address

............................................................ ................................

*Delete as necessary.

I hereby indemnify the Revenue Commissioners against all actions, proceedings, claims and demands whatsoever which may be taken or made against them, or costs and expenses which they may incur in consequence of the detention of, or anything done in relation to, any goods to which this application relates.

I hereby undertake to comply with the provisions of the European Communities (Counterfeit Goods) Regulations, 1990.

Dated this....................................day of

............................................................ ......, 19............

Signed

............................................................ ............................................................ ............................................................ ..........

(*State whether Sole Proprietor, Partner, Director, Company Secretary, Duly Authorised Person)

Notes

ISB SI

Preamble S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990. Open official source

S.I. No. 118 of 1990.

EUROPEAN COMMUNITIES (COUNTERFEIT GOODS) REGULATIONS, 1990.

I, ALBERT REYNOLDS, Minister for Finance, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), and for the purpose of giving effect to Council Regulation (EEC) No. 3842/86 of 1 December 1986

1

, hereby make the following Regulations

1

O.J. No. L 357, 18.12.86, p.1.

S.I. No. 118/1990 - European Communities (Counterfeit Goods) Regulations, 1990.

Table of Provisions (10)

Statutory Text (10 Articles)

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