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Customs Seizure Law Change??

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OLDBLOKE74

No change as far as I can see

 

I have had a couple snatched - all part of the game

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Wriggles

The only impact I can imagine is that there will need to be an increase in triangular shipping for ALL EU countries as opposed to certain strict EU countries currently

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Libertatia

Not a very good article at all.... Basically a court case arose, and we are waiting for this very important court case, because some guy from norway or what not knowingly bought a replica rolex. Scare mongering I'd say

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Del

Yeah, this made the BBC breakfast news this morning so it appears to be a change in law (I only caught the headline), which could make it more difficult to get reps into the UK going forward. :(

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Duzza

Surely they confiscate and destroy at the moment anyway? I dont see whats changed?

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austinsom

I saw this too. From the sounds of it a chap in the EU bought a Rep Rolex, fully aware of what he was buying. Customs seized it at the request of Rolex. He wanted his watch back, so took the matter to court. It ended up going all the way up the hierarchy, until it hit the ECJ (European Court of Justice). The guy lost his case, there is now legal precedent for this sort of thing to happen :(

 

From what I understand, as a result of the ruling, any replica items, including watches, can now be seized by customs and destroyed.

 

As always, they didn't go into detail, so I guess that leaves it open as to whether it will be when a packaged gets opened the rights holder is invited to view and then request customs to seize and destroy.

 

In reality, unless they open every single package that is x-rayed and contains a watch it may be difficult to police, but the fact it's been reasonably high profile could scare a lot of people out of making that purchase to start with.

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austinsom

Surely they confiscate and destroy at the moment anyway? I dont see whats changed?

 

As far as I understood it, the way things used to be was upon inspection, if a Customs official suspected an item was counterfeit the rights holder (say, Rolex) would be invited to inspect the watch, and given 14 days to do so. If they failed to respond the watch would be released and delivered.

 

It would seem as a result of that case this approach may no longer apply. However, I think they'd have to be dammed sure it was a rep before they drove a roller over it!

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Wriggles

Surely they confiscate and destroy at the moment anyway? I dont see whats changed?

 

As far as I understood it, the way things used to be was upon inspection, if a Customs official suspected an item was counterfeit the rights holder (say, Rolex) would be invited to inspect the watch, and given 14 days to do so. If they failed to respond the watch would be released and delivered.

 

It would seem as a result of that case this approach may no longer apply. However, I think they'd have to be dammed sure it was a rep before they drove a roller over it!

Possibly they'd contact the purchaser to challenge for proof of authenticity before destruction, otherwise if they were wrong they'd find themselves in a pickle legally...

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Libertatia

So basically, you know when someone posts a thread about a customs warning? And you guys say ignore it? This guy from Denmark didn't ignore it lol.....

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Del

Update on the news story:-

 

http://www.bbc.co.uk/news/business-26080135

 

"A change in European law means that customs now have the right to seize and destroy fake goods bought from outside Europe."

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Bluejuz

Boooo! Just as I'm getting into this hobby. I guess it will still only be the unlucky minority this will happen too

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Calcidose

I've just bought a watch, I live in France, wait and see...

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BaggyPants

They don't have the staffing levels or resources for it to have anything but a tiny impact. They are far more interested in generating revenue than dealing with the law. Just look at how much drugs and how many illegal weapons enter the UK every year!

Edited by BaggyPants

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JohnG

Use common sense people.

 

There isn't a customs service in the world that can inspect more than 2-3% of all incoming packages. Most customs services ALREADY seize counterfeit goods - but that doesn't stop 97% from getting through.

 

You can change laws all day long, but when it comes to budget appropriations, how much more money is any country in the EU really going to spend on this issue? When they are cutting education, health care, infrastructure....?

 

None. That's how much.

 

Changing laws means nothing when you have no money to spend on enforcement.

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plankton

Morning Guy's,

 

I normally pop in most days for a look around.

Strangely enough I've seen nothing about this court case that could affect our hobby? :(

 

http://www.bbc.co.uk...siness-26051710

What if anything will our TD's do for us in the event of a seizure?

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JohnG

Morning Guy's,

 

I normally pop in most days for a look around.

Strangely enough I've seen nothing about this court case that could affect our hobby? :(

 

http://www.bbc.co.uk...siness-26051710

What if anything will our TD's do for us in the event of a seizure?

Most will replace, but you need to check with each dealer to know his/her policy.

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honeybear

Update on the news story:-

 

http://www.bbc.co.uk...siness-26080135

 

"A change in European law means that customs now have the right to seize and destroy fake goods bought from outside Europe."

 

Didn't they always have that right?

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fashionjames

As for people living in Norway (Part of EU), the law states that importing counterfeit goods is illegal. (If the imported product is planned for reselling)

As for personal use it is "legal" in the way that you do not get any jail time if you are caught buying a replica Rolex.

If you buy large amounts of replica goods in single orders you might face criminal charges, or get a fee you have to pay. In worst case, you get jail time. (Because it looks like you plan selling fake goods yourself)

Importing replica goods for personal use is considered “legal” and is no big deal.

They reinforced their focus on replica goods. They destroy the goods if you don’t take action when they contact you about it.

You could go to court to win the case, but ignoring it is probably the best thing you could do. No one is that upset about a lost 300$ replica watch. The charges and fines you could get if the case goes sour is much worse.

Keep on buying watches in small amounts. If customs keep the watch, let them do so. If they destroy it,, too bad. Move on. The only thing changed is their priority on replica goods. There is no way they get every package.

Edited by fashionjames

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