Geography Reference
In-Depth Information
(c)
does not fulfil the obligations on costs and translation set out in Art 29(1)
and (3);
(d)
without valid reason does not initiate proceedings as provided for in Art
23(3) or Art 26(9).
In the case of a Union application, the decision to suspend the actions of the
customs authorities shall have effect only in the Member State where such
decision is taken.
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E. ACTION BY THE CUSTOMS AUTHORITIES
Chapter III of the Customs Regulation deals with actions to be taken by the
customs authorities.
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Recital (19) to the Customs Regulation explains that taking into account the
provisional and preventive character of the measures adopted by the customs
authorities when applying this Regulation and the conflicting interests of the
parties affected by the measures, some aspects of the procedures should be
adapted to ensure the smooth application of this Regulation, whilst respecting
the rights of the concerned parties. Thus, with respect to the various notifica-
tions envisaged by this Regulation, the customs authorities should notify the
relevant person, on the basis of the documents concerning the customs treat-
ment or of the situation in which the goods are placed. Furthermore, since the
procedure for destruction of goods implies that both the declarant or the holder
of the goods and the holder of the decision should communicate their possible
objections to destruction in parallel, it should be ensured that the holder of the
decision is given the possibility to react to a potential objection to destruction by
the declarant or the holder of the goods. It should therefore be ensured that the
declarant or the holder of the goods is notified of the suspension of the release
of the goods or their detention before, or on the same day as, the holder of the
decision.
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1. Suspension of the release or detention of the goods following the
grant of an application
(a) Suspension of goods suspected of infringing an IPR
Article 17(1) provides that where the customs authorities identify goods
suspected of infringing an IPR covered by a decision granting an application,
they shall suspend the release of the goods or detain them.
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