Law-ref.org
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Site search
Global links
homepage
documents
Sister sites
Chess-Ref
ZVON
RFC-Ref
InChI
REACH Online
Local links
Previous
Next
Frontpage
Contents
Keywords
Local
Global
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y
free circulation
[
Global Index
]
ARTICLE-51
: Suspension of Release by Customs Authorities [
go to this ARTICLE
]
...
Members
shall, in
conformity
with the
provisions
set out below,
adopt
procedures
(13)
to enable a
right
holder, who has
valid
grounds for suspecting that the
importation
of counterfeit
trademark
or
pirated
copyright
goods
(14)
may take
place
, to lodge an
application
in
writing
with
competent authorities
,
administrative
or
judicial
, for the
suspension
by the
customs
authorities
of the
release
into
free circulation
of such
goods
.
Members
may enable such an
application
to be made in
respect
of
goods
which involve other
infringements
of
intellectual property rights
, provided that the
requirements
of this Section are met.
Members
may also provide for
corresponding
procedures
concerning
the
suspension
by the
customs
authorities
of the
release
of infringing
goods
destined for
exportation
from their
territories
. ...
ARTICLE-53
[
go to this ARTICLE
]
... 2. Where pursuant to an
application
under this Section the
release
of
goods
involving
industrial designs
,
patents
, layout-
designs
or undisclosed
information
into
free circulation
has been suspended by
customs
authorities
on the basis of a
decision
other than by a
judicial
or other
independent authority
, and the
period
provided for in
Article
55
has expired without the granting of
provisional
relief
by the duly empowered
authority
, and provided that all other
conditions
for
importation
have been complied with, the
owner
,
importer
, or
consignee
of such
goods
shall be entitled to their
release
on the posting of a
security
in an
amount
sufficient to
protect
the
right
holder for any
infringement
.
Payment
of such
security
shall not
prejudice
any other
remedy
available to the
right
holder, it being understood that the
security
shall be released if the
right
holder fails to pursue the
right
of
action
within a
reasonable
period
of
time
. ...
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y