Geography Reference
In-Depth Information
3.
Inspection and sampling of goods whose release has been suspended
or which have been detained
(a) Inspection of goods by holder
Article 19(1) provides that the customs authorities shall give the holder of the
decision and the declarant or the holder of the goods the opportunity to inspect
the goods whose release has been suspended or which have been detained.
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(b) Taking of samples
Article 19(2) provides that the customs authorities may take samples that are
representative of the goods. They may provide or send such samples to the
holder of the decision, at the holder's request and strictly for the purposes of
analysis and to facilitate the subsequent procedure in relation to counterfeit and
pirated goods. Any analysis of those samples shall be carried out under the sole
responsibility of the holder of the decision.
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Article 19(3) provides that the holder of the decision shall, unless circumstances
do not allow, return the samples referred to in para 2 to the customs authorities
on completion of the analysis, at the latest before the goods are released or their
detention is ended.
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4. Conditions for storage
Article 20 provides that the conditions of storage of goods during a period of
suspension of release or detention shall be determined by the customs author-
ities.
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5. Permitted use of certain information by the holder of the decision
Article 21 provides that where the holder of the decision has received the
information referred to in Art 17(4), Art 18(5), Art 19 or Art 26(8), he may
disclose or use that information only for the following purposes:
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(a) to initiate proceedings to determine whether an IPR has been infringed and in the
course of such proceedings;
(b) in connection with criminal investigations related to the infringement of an IPR
and undertaken by public authorities in the Member State where the goods are
found;
(c) to initiate criminal proceedings and in the course of such proceedings;
(d) to seek compensation from the infringer or other persons;
(e) to agree with the declarant or the holder of the goods that the goods be destroyed in
accordance with Art 23(1);
