European Communities (Counterfeit Goods) Regulations, 1990

JurisdictionIreland
Year1990
CitationIR SI 118/1990

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 19861, hereby make the following Regulations:

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

1. These Regulations may be cited as the European Communities (Counterfeit Goods) Regulations, 1990.

2. (1) In these Regulations—

"the Council Regulation" means Council Regulation (EEC) No. 3842/86 of 1 December, 19861 laying down measures to prohibit the release for free circulation of counterfeit goods;

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

"application" means an application under Article 3.1 of the Council Regulation and cognate words shall be construed accordingly.

(2) A word or expression that is used in these Regulations and is also used in the Council Regulation shall, unless the context otherwise requires, have the meaning in these Regulations that it has in the Council Regulation.

3. For the purposes of these Regulations and the Council Regulation the competent authority in the State shall be the Revenue Commissioners.

4. (1) On due application being made to the Revenue Commissioners in that behalf and on the making of a decision by them under Article 3.3 of the Council Regulation to grant the application and upon payment of a fee of £400 to them, they shall suspend the release of any counterfeit goods concerned during a period of 3 months beginning on such date as they may determine, being a period during which the trade mark specified in the application is registered.

(2) An application shall be in the form set out in the Schedule to these Regulations and shall be accompanied by—

( a ) the certificate of registration (or a copy thereof) issued by the Controller in respect of the trade mark specified in the application and where the trade mark concerned has been registered for a period of more that 7 years, the certificate of renewal issued by the Controller for the time being in force (or a copy thereof), or

( b ) a statement in writing signed by the Controller or an officer duly authorised by him in that behalf giving such information in relation to the said trade mark as may be specified by the Revenue Commissioners.

(3) Fees under these Regulations shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(4) In this Regulation "the Controller" means the Controller of Patents, Designs and Trade Marks.

5. The Revenue Commissioners may supply the applicant with, or request the applicant to examine, a sample of imported goods entered for free circulation which appears to them both to correspond to the description of goods contained in an application granted under Article 3.3 of the Council Regulation and to bear a trade mark identical to or substantially indistinguishable from the registered trade mark mentioned in that application and the applicant shall, within 24 hours of being requested by the Revenue Commissioners (or within such further time as they may allow), confirm to them in writing whether or not in his opinion the sample is counterfeit, giving his reasons, by reference to characteristics of the sample or its packaging or otherwise.

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).

7. (1) An applicant...

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