Citation and commencement

1.  These Regulations may be cited as the Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007 and come into force on 13th June 2007.

Form of notices

2.—(1) Notice given by the proprietor under section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995(3) (notice that infringing goods are expected to arrive in the United Kingdom) shall be in the form set out in Schedule 1 to these Regulations, or a form to the like effect approved by the Commissioners.

(2) Notice given by the proprietor under section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995 (notice that goods which have arrived in the United Kingdom are infringing) shall be in the form set out in Schedule 2 to these Regulations, or a form to the like effect approved by the Commissioners.

Indemnity etc.

3.  A person giving notice under—

(a) section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995; or

(b) section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995

must indemnify the Commissioners against all liability or expense that the Commissioners may incur in consequence of the giving of the notice, the detention of the goods, or anything done to the goods.

Regulation 2(1)

SCHEDULE 1 Notice under section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995

1. Person Giving the Notice

I ………………………………………………………………………………………………………

(Full name of signatory in BLOCK LETTERS)

give notice to the Commissioners for HM Revenue and Customs that:

………………………………………………………………………………………….………………………………………………………………………………………….…………………………………………………………………………………………………………………………………

(Name and address of proprietor in BLOCK LETTERS)

is a proprietor of the Olympics / Paralympics association right (delete as appropriate) under the Olympic Symbol etc. (Protection) Act 1995 (“OSPA”) and that goods infringing that right are expected to arrive in the United Kingdom.

In particular the goods infringe the following controlled representation(s):

………………………………………………………………………………………………………………………………………………………………………………………………………………

I confirm that section 89(3) of the Trade Marks Act 1994 does not apply to the goods.

I confirm that section 4 of OSPA does not apply to the controlled representation by reference to which the goods are infringing goods, material or articles.

I request that these goods be detained.

(Note: Failure to commence and serve proceedings under section 6 of OSPA within the prescribed period(s) will result in the goods being released.)

2. Details of the Infringing Goods

Description……………………………………………………………………………...

Quantity (if known)…………………………………………………………………….

Commodity Code (if known)…………………………………………………………...

3. Details of the Expected Importation

Expected date of arrival…………………………………………………………………

Expected place of arrival………………………………………………………………..

Method of importation………………………………………………………………….

(Please include details of the ship, aircraft or vehicle, if known.)

Country of origin of the goods………………………………………………………….

Country from which the goods were consigned to the United Kingdom……………….

Consignor’s details……………………………………………………………………...

Importer’s details…………………………………………………………………….….

(Please include VAT number, if known.)

(Note: Only the expected date and place of arrival are mandatory, but it will greatly increase the prospects of detaining the goods if as many details as possible are given.)

4. Declaration

I declare that the information given by me in this notice is true.

Signature……………………………………………………………Date……………...

Director / Secretary / Duly Authorised Person (delete as appropriate)

5. Submission of the Notice

Please send the completed notice to:

HM Revenue and Customs

Customs and International

IPR Team

1st Floor North West

Alexander House

21 Victoria Avenue

Southend-on-Sea

Essex

SS99 1AA

Please note that the proprietor giving this Notice is liable to indemnify the Commissioners against all liability or expense that the Commissioners may incur in consequence of the giving of this notice, the detention of the goods, or anything done to the goods (see regulation 3 of The Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007)

Regulation 2(2)

SCHEDULE 2 Notice under section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995

1. Person Giving the Notice

I ………………………………………………………………………………………………………

(Full name of signatory in BLOCK LETTERS)

confirm that:

………………………………………………………………………………………….………………………………………………………………………………………….…………………………………………………………………………………………………………………………………

(Name and address of proprietor in BLOCK LETTERS)

is a proprietor of the Olympics / Paralympics association right (delete as appropriate) under the Olympic Symbol etc. (Protection) Act 1995 (“OSPA”).

2. Details of the Infringing Goods

The proprietor has been informed by the Commissioners for HM Revenue and Customs that the following goods which may infringe a controlled representation have been detained:

Description of the goods……………………………………………………………………………..

I give notice to the Commissioners that the goods infringe the following controlled representation(s): ………………………………………………………………………………………………………………………………………………………………………………………………………………

I confirm that section 89(3) of the Trade Marks Act 1994 does not apply to the goods.

I confirm that section 4 of OSPA does not apply to the controlled representation by reference to which the goods are infringing goods, material or articles.

I request that these goods continue to be detained.

(Note: Failure to give this notice within the prescribed period will result in the goods being released. Failure to commence and serve proceedings under section 6 of OSPA within the prescribed period(s) will also result in the goods being released.)

3. Declaration

I declare that the information given by me in this notice is true.

Signature……………………………………………………………Date……………...

Director / Secretary / Duly Authorised Person (delete as appropriate)

4. Submission of the Notice

Please send the completed notice to:

HM Revenue and Customs

Customs and International

IPR Team

1st Floor North West

Alexander House

21 Victoria Avenue

Southend-on-Sea

Essex

SS99 1AA

Please note that the proprietor giving this Notice is liable to indemnify the Commissioners against all liability or expense that the Commissioners may incur in consequence of the giving of this notice, the detention of the goods, or anything done to the goods (see regulation 3 of The Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007)