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Protecting your intellectual property rights in international trade

What to do if your intellectual property rights are infringed

In order for action to be taken to protect your intellectual property rights (IPR), you must first of all make sure that you have registered them.


If you believe that your IPR are being infringed, you can request that HM Revenue & Customs (HMRC) detain the infringing products at customs when entry into the European Community (EC) or export from the EC is attempted.


Applications for customs action are made on one of two forms. If you are seeking HMRC action in the UK you should complete the National Form (Intellectual Property Rights Application).


If you are a Community Intellectual Property right-holder and you are seeking protection in two or more member states, you should complete the Community Form (Community Intellectual Property Rights Application).


When you complete the form, it is important to understand the IPR terms correctly. See the page in this guide on terms used in intellectual property rights.


It is vital that you provide as much detail as you can about the possible infringement, including:


a description of the goods that is detailed enough for HMRC to identify them or information that identifies the consignment or packages

information on the type of infringement - whether your rights are covered by a patent, or trade mark, and so on

proof that you hold the relevant rights

confirmation of whether you hold the rights yourself or are acting as the authorised representative or agent of the right-holder

the name and address of a contact person

Where possible, you should also include:


the location and intended destination of the goods

when the goods are expected to arrive or depart

the identity of the importer or exporter

the country of production

the transport routes being used

You should make applications 30 working days before you expect the goods to be imported or exported, if possible.


Applications are free - but you undertake to pay all costs and liabilities incurred - including charges for storing goods, certain legal costs and the cost of destroying goods. If HMRC detain suspected goods, you will be informed of the quantity and nature of the goods and the details of the manufacturer and importer. Applications are valid for 12 months, and you can apply for an extension of a further 12 months.




 

( liyy )20 Dec,2010

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