2° true adequate evidences that his or her right has been infringed or that an infringement is
imminent;
3° a sufficiently detailed description of the goods alleged to be infringing in order to make
them readily recognizable by the customs authority and
4° the prescribed fee.
The Minister may fix, by decree, the content of the application to be addressed to the
competent tribunal.
The decision of the competent tribunal to suspend release into free circulation of alleged to be
infringing goods is taken considering provisions set up by this present Law so as to prevent
and eliminate infringement and any injury to intellectual property rights.
At receipt of the decision taken by the competent tribunal the customs authorities shall
suspend clearance procedures of alleged infringing goods.
Article 282: Requirements for suspension of release into free circulation
Suspension of release into free circulation ordered by competent tribunal is made after a
security assurance of twenty (20%) of the value under customs clearance procedures of the
alleged infringing goods has been provided by applicant.
That security assurance is intended:
1° to cover any liability vis-à-vis third persons affected by suspension measures and to
ensure payment of the expenditure incurred in keeping the goods in suspension by the
customs authorities;
2° to indemnify the importer where the goods in question are subsequently found not to be
infringing;
3° to prevent any abuse.
Where a security assurance is not provided within three (3) working days from the receipt of
the notification, goods shall be released into free circulation.
Article 283: Period of suspension of release into free circulation
The period of suspension of release into free circulation is twenty (20) working days or thirty
(30) calendar days from the receipt of the notification of the suspension notice, whichever is
the longer.
If , before the end of twenty ( 20) working days or thirty (30) calendar days, whichever is the
longer, from the receipt of the suspension notice, a court proceedings has been hired before
the judicial authority and that a decision on the merits of the case is not rendered, the importer
of goods may have opportunity of release into free circulation in posting of security assurance
of ten (10%) of the value of goods under customs clearance for which the purpose is to cover
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