Geography Reference
In-Depth Information
7.219
Article 29(1) provides that where requested by the customs authorities, the
holder of the decision shall reimburse the costs incurred by the customs
authorities, or other parties acting on behalf of customs authorities, from the
moment of detention or suspension of the release of the goods, including
storage and handling of the goods, in accordance with Art 17(1), Art 18(1) and
Art 19(2) and (3), and when using corrective measures such as destruction of
goods in accordance with Arts 23 and 26.
(b) Customs to provide costs information to the holder of the decision
Article 29(1) provides that the holder of a decision to whom the suspension of
release or detention of goods has been notified shall, upon request, be given
information by the customs authorities on where and how those goods are being
stored and on the estimated costs of storage referred to in this paragraph. The
information on estimated costs may be expressed in terms of time, products,
volume, weight or service depending on the circumstances of storage and the
nature of the goods.
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(c) Right of holder of the decision to seek compensation
Recital (24) to the Customs Regulation points out that although the applicant
for customs action should bear the costs incurred by customs authorities in
taking action, nevertheless this should not preclude the holder of the decision
from seeking compensation from the infringer or other persons that might be
considered liable under the legislation of the Member State where the goods
were found. Such persons might include intermediaries, where applicable.
Costs and damages incurred by persons other than customs authorities as a
result of a customs action, where the release of goods is suspended or the goods
are detained on the basis of a claim of a third party based on intellectual
property, should be governed by the specific legislation applicable in each
particular case.
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Article 29(2) provides that this Article shall be without prejudice to the right of
the holder of the decision to seek compensation from the infringer or other
persons in accordance with the legislation applicable.
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(d) Costs of translation
Article 29(3) provides that the holder of a decision granting a Union appli-
cation shall provide and pay for any translation required by the competent
customs department or customs authorities which are to take action concerning
the goods suspected of infringing an IPR.
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