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.

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