Article 279: Liability of customs authority
The customs authority shall not be liable for any action taken in respect of customs clearance
of goods and suspension of their release into free circulation, even though it is later proved
that the release into free circulation of counterfeit and/or infringing a protected right under
this Law without any bad intention.
However, where an application for suspension of release into free circulation has been
addressed, the customs authority shall be liable to take action in accordance with the
provisions of this law.
SECTION 2:
AUTHORITY
BORDER SPECIAL MEASURES TAKEN BY THE JUDICIARY
Article 280: Ordering border special measures
Border special measures shall, where the conditions set out in this Law are met, be ordered by
the competent tribunal to prevent the importation of goods which infringe intellectual
property rights conferred in Rwanda.
Border special measures shall also be ordered by the competent tribunal to prevent the
importation of goods the production and /or the commercialization of which in Rwanda is an
act of unfair competition, in accordance with this law.
Border measures which may be ordered by the competent tribunals are:
1° the suspension of release into free circulation of the infringing goods;
2° the extension of the period of suspension of release into free circulation of such goods
taken by customs authority;
3° the disposal of such goods outside the Rwanda channels of commerce;
4° the destruction of such goods.
Article 281: Application for suspension by tribunals
The owner of an intellectual property right, who has valid grounds for suspecting that the
importation of goods infringes his or her rights or may take place, may file an application
with the competent tribunal requesting it to order the customs authority to suspend customs
clearance of those goods.
The application shall be presented in writing and shall state the grounds for the request. It
shall be accompanied by:
1° true adequate evidences that the applicant is the owner of the intellectual property right;
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