TITLE II: BORDER SPECIAL MEASURES
CHAPTER I: SUSPENSION OF RELEASE INTO FREE CIRCULATION OF GOODS
SECTION ONE: BORDER MEASURES TAKEN BY THE CUSTOMS AUTHORITY
TO SUSPEND RELEASE INTO FREE CIRCULATION
Article 273: Request for suspension of release into free circulation
Upon the request by the owner of the protected right, of the licensee or of any interested
person, who has valid grounds for suspecting that the importation of counterfeit trademark
goods is taking place or infringing a protected rights owner or is imminent, or upon its own
initiative, the customs authorities shall suspend the customs clearance procedures and release
into free circulation of goods if there is sufficient prima facie evidence that the importation of
counterfeit trademark goods is taking place or infringing upon a protected rights owner or is
imminent.
Article 274: Notification of suspension of release into free circulation
Where the release into free circulation was suspended on its own initiative, the customs
authorities shall notify the right owner and give him or her an opportunity to file an
application for the suspension of release into free circulation within a period of three (3) days.
Where the release into free circulation was suspended in conformity with the article 272, the
importer and the rights owner shall be promptly notified of the suspension of the release of
goods within a period of three (3) days.
Article 275: Exchange of information
Where releasing into free circulation is suspended on a request the applicant shall be required
to provide customs authorities with adequate evidences a protected right has been infringed or
that an infringement is imminent, and to supply a sufficiently detailed description of the
goods to make them readily recognizable by the customs authorities.
Where the release into free circulation is suspended, the customs authorities may inform the
right owner of the names and addresses of the importer, consignor and consignee and of the
quantity of the said goods provided that this is in proportion to the seriousness of the
supposed infringement.
The customs authorities may require the right owner to provide any information that may
assist it in exercising its powers under this Law.
Article 2756: Requirements for suspension of release into free circulation
The customs authorities shall suspend release into free circulation after a security assurance of
twenty per cent (20%) of the value under customs clearance procedures of the alleged
infringing goods has been provided by the applicant.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents