Community
Provisions (Goods Suspected of Infringing Intellectual Property Rights)
(Jersey) Regulations 2014
Made 17th June 2014
Coming into force 17th
June 2014
THE STATES, in pursuance of Article 2 of the European Communities Legislation
(Implementation) (Jersey) Law 1996[1], have made the following
Regulations –
1 Interpretation
(1) In
these Regulations, “the EU Regulation” without more and unless
otherwise indicated means Regulation (EU) No. 608/2013 of the European
Parliament and of the Council of 12 June 2013 concerning customs
enforcement of intellectual property rights and repealing Council Regulation
(EC) No. 1383/2003 (OJ L 181, 29.6.2013, p.15).
(2) Expressions
used in these Regulations which also occur in the EU Regulation shall be
construed for the purposes of these Regulations as they are for the purposes of
the EU Regulation.
(3) In
these Regulations, “the 1999 Law” means the Customs and Excise
(Jersey) Law 1999[2], and “Agent of the Impôts”, “assigned matter” and
“officer of the Impôts” have the same meanings as is given to those expressions by
that Law.
2 Application
(1) Subject
to paragraph (2), the EU Regulation has full force and effect in Jersey to
the extent, if any, that it does not have effect under Article 2 of the European
Communities (Jersey) Law 1973[3].
(2) A
reference in the EU Regulation to a Member State, the Community or the Union is
to be construed so as to include Jersey.
3 Competent
customs department
The Agent of the Impôts is the
competent customs department in Jersey for the purposes of the EU Regulation.
4 Relationship
with the 1999 Law
(1) The
implementation of the EU Regulation is an assigned matter for the purposes of
the 1999 Law.
(2) Powers
to detain, suspend the release of, or destroy any goods conferred under the EU
Regulation shall not derogate from any similar powers conferred on the Agent of
the Impôts or officers of the Impôts by the 1999 Law or otherwise.
(3) Article 58(2)
of the 1999 Law shall have effect, for the purpose of implementation of
the EU Regulation, as though –
(a) after the words “under this Law” in each place
in which they occur there were inserted the words “or under applicable
Union provisions”; and
(b) at the end of Article 58 there were added the following
paragraph –
“(5) In paragraph (2),
‘applicable Union provisions’ means any of Articles 17, 18, 19,
23 or 26 of Regulation (EU) No. 608/2013 of the European Parliament and of
the Council of 12 June 2013 concerning customs enforcement of intellectual
property rights and repealing Council Regulation (EC) No. 1383/2003.”.
(4) The
implementation of the EU Regulation does not affect the power of any court to
grant relief, including interim relief.
5 Consequential
amendments
(1) For
Article 22(3) of the Trade Marks (Jersey) Law 2000[4] there shall be substituted
the following paragraph –
“(3) This Article does not apply
to goods –
(a) suspected of
infringing an intellectual property right and which are or should have been
subject to customs supervision or control;
(b) to which there applies Article 1(1) of
Regulation (EU) No. 608/2013 of the European Parliament and of the Council
of 12 June 2013 concerning customs enforcement of intellectual
property rights and repealing Council Regulation (EC) No. 1383/2003
(“Regulation 608/2013”, as applicable in Jersey in accordance
with the Community Provisions (Goods Suspected of Infringing Intellectual
Property Rights) (Jersey) Regulations 2014[5]); and
(c) in respect of which
an application may be submitted under Section 1 of Chapter II of Regulation 608/2013.”.
(2) For
Article 141(6) of the Intellectual Property (Unregistered Rights) (Jersey)
Law 2011[6] there shall be substituted
the following paragraph –
“(6) This Article does not apply
to goods –
(a) suspected of infringing
an intellectual property right and which are or should have been subject to
customs supervision or control;
(b) to which there applies Article 1(1) of
Regulation (EU) No. 608/2013 of the European Parliament and of the Council
of 12 June 2013 concerning customs enforcement of intellectual
property rights and repealing Council Regulation (EC) No. 1383/2003 (‘Regulation 608/2013’,
as applicable in Jersey in accordance with the Community Provisions (Goods
Suspected of Infringing Intellectual Property Rights) (Jersey) Regulations 2014[7]); and
(c) in respect of which
an application may be submitted under Section 1 of Chapter II of Regulation 608/2013.”.
6 Repeal
The Community Provisions (Goods Infringing Intellectual Property
Rights) (Jersey) Regulations 2013[8] shall be repealed.
7 Citation
These Regulations may be cited as the Community Provisions (Goods
Suspected of Infringing Intellectual Property Rights) (Jersey) Regulations 2014.
m.n. de la haye, o.b.e.
Greffier of the States