Community Provisions (Goods Infringing Intellectual Property Rights) (Jersey) Regulations 201-: Lodging

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 26 November 2012:

Decision Reference: MD-HA-2012-0082
Decision Summary Title :	Community Provisions (Goods Infringing Intellectual Property Rights) (Jersey) Regulations 201-		Date of Decision Summary:	20 November 2012
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Community Provisions (Goods Infringing Intellectual Property Rights) (Jersey) Regulations 201-		Date of Written Report:	20 November 2012
Written Report Author:	Director, Legal Status and Revenue Jersey Customs and Immigration Service		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Draft Community Provisions (Goods Infringing Intellectual Property Rights) (Jersey) Regulations 201-
Decision(s): The Minister approved the draft Community Provisions (Goods Infringing Intellectual Property Rights) (Jersey) Regulations 201- and requested that arrangements be made for the draft Regulations to be considered by the States in due course.
Reason(s) for Decision: The draft Regulations will make the Agent of the Impôts the competent Customs authority for the purpose of seizing goods that infringe an intellectual property right.
Resource Implications: There are no additional manpower or resource implications arising from the decision.
Action required: The Executive Officer, Home Affairs to request the Greffier of the States to arrange for the draft Regulations to be lodged ‘au Greffe’ for consideration by the States in due course.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Community Provisions (Goods Infringing Intellectual Property Rights) (Jersey) Regulations 201-: Lodging

REPORT TO ACCOMPANY COMMUNITY PROVISIONS (GOODS INFRINGING INTELLECTUAL PROPERTY RIGHTS) (JERSEY) REGULATIONS 201-

Background

The draft Appointed Day Act to bring into force the Intellectual Property (Unregistered Rights) Law 2011 (IPURL) is due to be debated by the States on 11 December 2012. If the draft Act is approved by the States, it will bring the IPURL into force 7 days later.

Article 141 of IPURL contains provisions for Customs border measures. It allows the owner of a copyright to request that infringing copies be dealt with as prohibited goods on importation. As a result, they can then be seized as liable to forfeiture under the provisions of the Customs and Excise (Jersey) Law 1999.

Article 141 of IPURL, however, does not apply to goods referred to in Article 1(i) of Council Regulation (EC) No 1383/2003 and which are suspected of infringing certain intellectual property rights. Article 1(i) of Council Regulation relates to goods either being entered into free circulation into the Island or into a duty suspensive procedure subject to exportation.

Article 2(i) of the Council Regulation identifies “goods infringing an intellectual property right” as relating to:

Trademarks
Copyrights
Patents
Plant variatel rights
Designation of origin or geographical indications and geographical designations

To allow the requirements of Council Regulation (EC) No 1383/2003 to have effect in the Island, the Community Provisions (Goods Infringing Intellectual Property Rights) (Jersey) Regulations 201- have been drafted.

For the purposes of this legislation it has been agreed with the Law Officers’ Department that the Agent of the Impôts should be the competent Customs authority. On that basis, any right holder will apply to the Agent for action by the Customs authorities where it is suspected that goods infringe such rights.

If approved, these Regulations will come into force 7 days after they are made.

Legal Basis

The European Communities Legislation (Implementation) (Jersey) Law 1996 enables the States of Jersey to give effect by regulation to legislation of the European Community.

Human Rights Compatibility

The Minister for Home Affairs can confirm that these Regulations are Human Rights compliant.

Financial and manpower implications

It is not anticipated that there will be any financial implications arising out of the adoption of these Regulations. Any additional manpower requirements for the Jersey Customs and Immigration Service can be met from within existing resources.