ARTICLE-31: Other Use Without Authorization of the Right Holder [
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... If,
within a
period not exceeding 10
working days after the
applicant has
been served
notice of the
suspension, the
customs authorities have
not been informed that
proceedings leading to a
decision on the
merits of the
case have been initiated by a
party other than the
defendant, or that the duly empowered
authority has taken
provisional
measures prolonging the
suspension of the
release of the
goods, the
goods shall be released, provided that all other
conditions for
importation or
exportation have been complied with; in appropriate
cases, this
time-
limit may be
extended by another 10
working days.
If
proceedings leading to a
decision on the
merits of the
case have
been initiated, a
review,
including a
right to be heard, shall take
place upon
request of the defendant with a
view to deciding, within a
reasonable period, whether these
measures shall be modified, revoked
or confirmed. Notwithstanding the above, where the
suspension of the
release of
goods is carried out or continued in
accordance with a
provisional judicial measure, the
provisions of paragraph 6 of
Article
50 shall apply. ...
... If,
within a
period not exceeding 10
working days after the
applicant has
been served
notice of the
suspension, the
customs authorities have
not been informed that
proceedings leading to a
decision on the
merits of the
case have been initiated by a
party other than the
defendant, or that the duly empowered
authority has taken
provisional
measures prolonging the
suspension of the
release of the
goods, the
goods shall be released, provided that all other
conditions for
importation or
exportation have been complied with; in appropriate
cases, this
time-
limit may be
extended by another 10
working days.
If
proceedings leading to a
decision on the
merits of the
case have
been initiated, a
review,
including a
right to be heard, shall take
place upon
request of the defendant with a
view to deciding, within a
reasonable period, whether these
measures shall be modified, revoked
or confirmed. Notwithstanding the above, where the
suspension of the
release of
goods is carried out or continued in
accordance with a
provisional judicial measure, the
provisions of paragraph 6 of
Article
50 shall apply. ...