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Amendments to Trademark Laws

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Jan 14, 2021 (Newsletter Issue 1/21)
United Kingdom
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Customs Enforcement Post-Brexit


On December 3, 2020, the HM Revenue and Customs (HMRC) provides detailed information on the UK customs enforcement reminding to apply for protection against infringements of intellectual property rights on imports into and exports out of the UK from 1 January 2021.

From January 1, 2021, UK rights holder will need to file a new UK Customs Application for Action (AFA) via the HMRC portal using the online form here. The form can only be accessed using a Government Gateway ID and password.

If a rights holder has filed an EU-wide Application for Action through HMRC, the AFA will remain valid and enforceable in the UK. However, it will cease to have effect outside the UK after 31 December 2020. Rights holders will need to file a separate EU-wide AFA through an EU27 Customs Authority via the European Website here.

If a rights holder has already filed an EU-wide AFA via one of the EU27 Customs Authorities before 31 December 2020, the AFA will remain valid in the remaining 27 EU Member States. However, it will no longer have effect within the UK. A separate application will need to be filed through the HMRC portal.

More information can be accessed here and here

Source: www.gov.uk; www.twobirds.com