Geography Reference
In-Depth Information
declarant or the holder of the goods has not been deemed to have confirmed his
agreement to the destruction, in accordance with point (c) of the first subpara-
graph of Art 23(1) within the periods referred to therein, the customs author-
ities shall immediately notify the holder of the decision thereof. The holder of
the decision shall, 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, initiate proceedings to determine whether an IPR has
been infringed.
(e) Time period for destruction
Article 23(4) provides that except in the case of perishable goods
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the customs
authorities may extend the period referred to in Art 23(3) by a maximum of ten
working days upon a duly justified request by the holder of the decision in
appropriate cases.
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(f) Release of goods
Article 23(5) 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 Art 23(3) and (4),
they have not been duly informed, in accordance with Art 23(3), on the
initiation of proceedings to determine whether an IPR has been infringed.
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(g) Early release of goods
Article 24(1) provides that where the customs authorities have been notified of
the initiation of proceedings to determine whether a design, patent, utility
model, topography of semiconductor product or plant variety has been
infringed, the declarant or the holder of the goods may request the customs
authorities to release the goods or put an end to their detention before the
completion of those proceedings.
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Article 24(2) provides that the customs authorities shall release the goods or put
an end to their detention only where all the following conditions are fulfilled:
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(a)
the declarant or the holder of the goods has provided a guarantee that is of
an amount sufficient to protect the interests of the holder of the decision;
(b)
the authority competent to determine whether an IPR has been infringed
has not authorised precautionary measures;
(c)
all customs formalities have been completed.
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Art 2(20) defines 'perishable goods' as 'goods considered by customs authorities to deteriorate by being kept for
up to 20 days from the date of their suspension of release or detention'.
