Statutory Instrument 1989 No. 1178

The Copyright (Customs) Regulations 1989

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© Crown Copyright 1989

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1989 No. 1178

COPYRIGHT

The Copyright (Customs) Regulations 1989

The Commissioners of Customs and Excise, in exercise of the powers conferred on them by section 112(1), (2) and (3) of the Copyright, Designs and Patents Act 1988^[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

    1.    These Regulations may be cited as the Copyright (Customs) Regulations 1989 and shall come into force on 1st August 1989.

    2.—(1)  Notice given under section 111(1) of the Copyright, Designs and Patents Act 1988 shall be in the form set out in Schedule 1 or a form to the like effect approved by the Commissioners; and a separate notice shall be given in respect of each work.

    (2)  Notice given under section 111(3) of that Act shall be in the form set out in Schedule 2 or a form to the like effect approved by the Commissioners; and a separate notice shall be given in respect of each work and in respect of each expected importation into the United Kingdom.

    (3)  In regulations 3 to 9"notice" means a notice given under either of those sub-sections.

    3.    The notice shall contain full particulars of the matters specified therein and shall contain a declaration by the signatory that the information given by him in the notice is true.

    4.    A fee of £30 (plus value added tax) in respect of the notice shall be paid to the Commissioners at the time it is given.

    5.    The person giving the notice shall furnish to the Commissioners a copy of the work specified in the notice at the time the notice is given and at that time or at the time the goods to which the notice relates are imported shall furnish to them such evidence as they may reasonably require to establish—
 (a) his ownership of the copyright in such work;
 (b) that goods detained are infringing copies; or
 (c) that a person who has signed the notice as agent is duly authorised.

    6.    The person giving the notice shall give security or further security within such time and in such manner, whether by bond or by deposit of a sum of money, as the Commissioners may require, in respect of any liability or expense which they may incur in consequence of the notice by reason of the detention of any article or anything done to an article detained.

    7.    In every case, whether any security or further security is given or not, the person who has given the notice shall keep the Commissioners indemnified against all such liability and expense as it mentioned in regulation 6.

    8.    The person giving the notice shall notify the Commissioners in writing of any change in the ownership of the copyright in the work specified in the notice or other change affecting the notice within fourteen days of such change.

    9.    The notice shall be deemed to have been withdrawn-
 (a) as from the expiry of fourteen days from any change in ownership of the copyright specified in the notice, whether notified to the Commissioners in accordance with regulation 8 or not; or
 (b) if the person giving the notice has failed to comply with any requirement of these Regulations.

    10.    The Copyright (Customs) Regulations 1957^[2] and the Copyright (Customs) (Amendment) Regulations 1982^[3] are revoked.

Philip Nash

Commissioner of Customs and Excise
New King's Beam House 22 Upper Ground, London SE1 9PJ

10th July 1989

These Regulations prescribe the forms in which an owner of the copyright in a published literary, dramatic or musical work or in a sound recording or film may give notice to the Commissioners requesting infringing copies of the work which are imported to be treated as prohibited goods. They also specify the fee to be paid and conditions to be observed by the person giving such a notice.

The Regulations revoke the Copyright (Customs) Regulations 1957 made under section 22 of the Copyright Act 1956 (c. 74) which was repealed by the Copyright, Designs and Patents Act 1988.

[1] 1988 c. 48. back

[2] S.I. 1957/875. back

[3] S.I. 1982/766. back