Geography Reference
In-Depth Information
7.213
Article 26(2) provides that when the procedure set out in this Article is applied,
Art 17(3) and (4) and Art 19(2) and (3) shall not apply.
G. LIABILITY, COSTS AND PENALTIES
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Liability, costs and penalties are dealt with in Chapter IV of the Customs
Regulation
1. Liability of the customs authorities
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Recital (23) of the Customs Regulation indicates that the liability of the
customs authorities should be governed by the legislation of the Member
States, though the granting by the customs authorities of an application should
not entitle the holder of the decision to compensation in the event that goods
suspected of infringing an IPR are not detected by the customs authorities and
are released or no action is taken to detain them.
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Article 27 provides that without prejudice to national law, the decision granting
an application shall not entitle the holder of that decision to compensation in
the event that goods suspected of infringing an IPR are not detected by a
customs office and are released, or no action is taken to detain them.
2. Liability of the holder of the decision
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Article 28 provides that where a procedure duly initiated pursuant to this
Regulation is discontinued owing to an act or omission on the part of the holder
of the decision, where samples taken pursuant to Art 19(2) are either not
returned or are damaged and beyond use owing to an act or omission on the part
of the holder of the decision, or where the goods in question are subsequently
found not to infringe an IPR, the holder of the decision shall be liable towards
any holder of the goods or declarant who has suffered damage in that regard, in
accordance with specific applicable legislation.
3. Costs
(a) Customs costs to be reimbursed by the holder of the decision
Recital (24) to the Customs Regulation explains that given that customs
authorities take action upon application, it is appropriate to provide that the
holder of the decision should reimburse all the costs incurred by the customs
authorities in taking action to enforce his IPRs.
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