S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. (1996_si_48) | IE

ISB SI

Reg. 1 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

1. Applications may be lodged only by the holder or authorised user of a right or by an authorised representative of the holder or authorised user.

ISB SI

Reg. 2 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

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

ISB SI

Reg. 3 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

3. Each application must be accompanied by the following

(

a

) In the case of applications made by the holder of the right

— for Trademark and Design rights — proof of registration, or of lodging of application with relevant office

— for copyright or neighbouring rights and unregistered design rights — any proof of authorship or of his status as original holder

(

b

) In the case of applications made by persons authorised to use the right — as in (

a

) and in addition the title by virtue of which the use of the right is authorised;

(

c

) In the case of a representative of (

a

) or (

b

) above — as in (

a

) or (

b

) and in addition, proof of authorisation to act for the holder of the right.

ISB SI

Reg. 4 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

4. In addition, each certificate of registration must be accompanied by a representation of either the trade mark or the design.

ISB SI

Reg. 5 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

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

ISB SI

Reg. 6 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

6. Completed application forms should be forwarded to Customs Procedures A Branch. Office of the Revenue Commissioners, Castle House, Dublin 2.

GIVEN under my Official Seal, this 15th day of February, 1996.

RUAÍRÍ QUINN, T.D.,

Minister for Finance.

EXPLANATORY NOTE.

The purpose of these Regulations are to implement Council Regulation No. 3295/94 on measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods.

They prescribe the form of application to be used, and the fee to be paid, by holders of a right seeking the interception and detention of counterfeit and pirated 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 and pirated goods shall be treated as prohibited goods under the Customs Act and introduce fines to apply in the event of infringements.

ISB SI

Reg. 7 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. 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 said paragraph.

ISB SI

Reg. 8 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

8. An application shall have no effect, or where a decision to grant an application under Article 3.5 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—

(

a

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

(

b

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

ISB SI

Reg. 9 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

9. The provisions of section 16 of the Merchandise Marks Act, 1887 and any Regulations made thereunder shall not apply to goods entered for free circulation, export, re-export or for a suspensive procedure in respect of which a decision to grant an application has been made by the Revenue Commissioners under Article 3.5 of the Council Regulation.

ISB SI

Reg. 10 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

10. (1) Any person who makes a declaration for the release for free circulation, for export or for re-export or for placing under a suspensive procedure, in respect of goods found to be counterfeit or pirated shall, without prejudice to any other penalty to which he may be liable, be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000.

(2) Any person who aids or abets the commission of an offence contrary to paragraph (1) of this Regulation shall, without prejudice to any other penalty to which he may be liable, be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000.

(3) In any prosecution for a breach of this Regulation it shall be presumed, until the contrary is shown, that any document purporting to be a declaration is in fact a declaration and that any signature thereon is the signature of the person who purports to sign same.

ISB SI

Reg. 11 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

11. Any person who makes a false declaration for the purpose of Article 6 of the Council Regulation shall, without prejudice to any other penalty to which he may be liable, be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000.

ISB SI

Reg. 12 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

12. The provisions of the Probation of Offenders Act, 1907 shall not apply to an offence under these Regulations.

ISB SI

Reg. 13 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

13. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or approval of or to have been facilitated by any connivance on the part of any person who, when the offence was committed, was a Director, Member of the Committee of Management or other controlling authority thereof, or Manager, Secretary or other Officer thereof, that person or persons shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

ISB SI

Reg. 14 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

14. These Regulations shall be construed together with the Customs Acts.

ISB SI

Reg. 15 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

15. An offence under these Regulations may be prosecuted by the Director of Public Prosecutions.

ISB SI

Reg. 16 S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

16. The European Communities (Counterfeit Goods) Regulations 1990 (

S.I. No. 118 of 1990

), are hereby revoked.

C.& E. No. 1054A

SCHEDULE

Application to suspend the release of, or detain counterfeit and pirated goods entered for free circulation, export, re-export or for a suspensive procedure.

____________________________

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

(Full name in block letters)

Name and Address of Company etc.

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

is the holder of the right (registration number ...................................) shown below which registration is valid until ................................................., 19.............. and I request the Revenue Commissioners to suspend release of, or detain the goods shown hereunder if entered for free circulation, export, re-export or for a suspensive procedure during the period from ........ day of .............................. 19 ........... to ................ day of ............................................................ ......., 19.....................................

TRADE MARK/DESIGN RIGHT

A representation of the registered trade mark should be given in an Appendix to this application. Details of a Design Right may also be given in an Appendix.

GOODS

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

Item

Tariff Code No.

Country of Origin

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

DETAILS OF IMPORT/EXPORT

As many details as possible of importation/exportation should be given. If necessary attach extra sheet.

Country of consignment/Place of loading abroad

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

Date and Place of Importation/ Exportation

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

Place of Loading/Unloading

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

Name and Ship/Vehicle Reg. No./Flight No.

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

Present location of goods

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

Name and Address of Importer/Exporter

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

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

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

Consignment reference number/Airway Bill

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

Number of packages/Identifying Marks

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

Persons known to be importers/exporters of the goods which legitimately use the right in question.

Name and Address

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

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

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

Other persons who are also registered users of the right in and/or* outside Ireland.

Name and Address

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

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

*Delete as necessary

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

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 and Pirated Goods) Regulations, 1996.

Dated this ............................................ day of .................................................... , 19.................................

Signed ............................................................ ............................................................ ..................................

______________________________________________________________________________________________

NOTES

ISB SI

Preamble S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996. Open official source

S.I. No. 48 of 1996.

EUROPEAN COMMUNITIES (COUNTERFEIT AND PIRATED GOODS) REGULATIONS, 1996.

I, RUAIRÍ QUINN, 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 purposes of giving effect to Council Regulation (EC) No. 3295/94 of 22 December 1994

(1)

and Commission Regulation (EC) No. 1367/95 of 16 June 1995

(2)

hereby make the following Regulations

(1)

O.J. No. L341, 30-12-94, p.8.

(2)

O.J, No. L133, 17-6-95, p.2.

S.I. No. 48/1996 - European Communities (Counterfeit and Pirated Goods) Regulations, 1996.

Table of Provisions (17)

Statutory Text (17 Articles)

Need to analyze how this provision applies to your matter?