Geography Reference
In-Depth Information
whether an IPR has been infringed under the law of the Member State where
the goods are found, where all of the following conditions are fulfilled:
(a)
the holder of the decision has confirmed in writing to the customs
authorities, within ten working days, or three working days in the case of
perishable goods, of notification of the suspension of the release or the
detention of the goods, that, in his conviction, an IPR has been infringed;
(b)
the holder of the decision has confirmed in writing to the customs
authorities, within ten working days, or three working days in the case of
perishable goods, of notification of the suspension of the release or the
detention of the goods, his agreement to the destruction of the goods;
(c)
the declarant or the holder of the goods has confirmed in writing to the
customs authorities, within ten working days, or three working days in the
case of perishable goods, of notification of the suspension of the release or
the detention of the goods, his agreement to the destruction of the goods.
Where the declarant or the holder of the goods has not confirmed his
agreement to the destruction of the goods nor notified his opposition
thereto to the customs authorities, within those deadlines, the customs
authorities may deem the declarant or the holder of the goods to have
confirmed his agreement to the destruction of those goods.
(b) Release of goods when IPR infringement not confirmed
Article 23(1) provides that the customs authorities shall grant the release of the
goods or put an end to their detention, immediately after completion of all
customs formalities, where within the periods referred to in points (a) and (b) of
the first subparagraph, they have not received both the written confirmation
from the holder of the decision that, in his conviction, an IPR has been
infringed and his agreement to destruction, unless those authorities have been
duly informed about the initiation of proceedings to determine whether an IPR
has been infringed.
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(c) Destruction under customs control
Article 23(2) provides that the destruction of the goods shall be carried out
under customs control and under the responsibility of the holder of the
decision, unless otherwise specified in the national law of the Member State
where the goods are destroyed. Samples may be taken by competent authorities
prior to the destruction of the goods. Samples taken prior to destruction may be
used for educational purposes.
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(d) Destruction where holder has not confirmed agreement
Article 23(3) provides that where the declarant or the holder of the goods has
not confirmed his agreement to the destruction in writing and where the
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