§18.10. Destruction of Goods; Submission to Other Customs Procedures
a) The court may, where the conditions set out in Section 16.8 are met; order the disposal of the
counterfeit goods outside the channels of commerce in such a way as to preclude injury to the right
holder, without compensation of any sort.
b) The following shall not be permitted in respect of counterfeit goods:
i. re-exporting the goods in an unaltered state; or
ii. placing the goods under a different customs procedure.
§18.11. Right of Inspection and Information to the Right Holder
After a positive determination has been made by the court on the merits of the case, the customs authority
may, upon request, without prejudice to the protection of confidential information, inform the right holder
of the names and addresses of the importer, consignor and consignee and of the quantity of the goods
suspended from clearance, provided that this is in proportion to the seriousness of the infringement, and
provide the right holder with copies of documents lodged in respect of such goods or with any information
or documents relating to any previous importation of identical or similar goods in which the same
importer, consignor or consignee were involved.
§18.12. Compensation for Wrongful Detention
The court shall order the applicant to pay the importer, the consignee and the owner of the goods
appropriate compensation for any injury caused to them through the wrongful detention of goods or
through the detention of goods released by virtue of failure to initiate proceedings leading to a decision on
the merits of the case.
§18.13. De Minimis Imports
Small quantities of goods of a non-commercial nature contained in the traveler‟s personal luggage or sent
in small consignments shall be excluded from suspension from release into free circulation.
§18.14. Goods in Transit
The provisions on border measures in this Act shall not apply to goods that are in transit in the territory of
Liberia, including those that transit through the territory of Liberia but are not intended for importation.
§18.15. Liability of Customs Department
a) The customs authority shall not be liable for any action taken or intended in good faith in respect
of the release or suspension of release into free circulation of counterfeit goods including, in
particular:
i. any failure to detect such goods; and
ii. the inadvertent release of such goods.
95
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents