HM Revenue & Customs Changes

Significant changes to HM Revenue & Customs (HMRC) procedures regarding counterfeit goods came into force on 3 July 2009, changing the way in which suspected counterfeit goods are seized at ports of entry into the United Kingdom.  As a result, counterfeit goods will only be permanently seized if court action is instituted by the rights holder within 10 days of detention of the goods. If no action is instituted, the goods will be released. Previously, the goods were seized permanently by HMRC based solely upon a witness statement from the rights holder confirming that they were counterfeit.   

From now onwards, where court proceedings are brought by the rights holder within the 10-day window, HMRC will detain the goods pending the outcome of those court proceedings. HMRC will only seize the goods permanently if directed to do so by the court.    

If the rights holder fails to bring court proceedings within the tight timescale allowed, the suspect consignment will be returned to the importer without further recourse being available to the rights holder. 

This means that rights holders must be ready to take prompt, efficient action to identify counterfeit goods and to set up a streamlined process for bringing court proceedings in appropriate cases.