§18.6. Procedure
a) The decision by the Director General to suspend the release into free circulation of goods alleged
to be counterfeit shall specify the period for which the customs authority will have to take action.
b) The Director General shall forward his order without delay to the customs authority, and shall
notify the importer of the goods and the applicant with the order.
c) The customs authority shall, upon receipt of the order of the Director General suspend the customs
clearance procedures for the allegedly counterfeit goods.
§18.7. Inspection and Examination of Goods
Without prejudice to the protection of confidential information, the customs authority shall allow the right
holder and the importer to examine the goods the clearance of which has been suspended, and to remove
samples for examination, testing and analysis, in order to substantiate their respective claims.
§18.8.Time Limit; Release of Goods
a) If, within a period of 10 working days after the applicant has been notified of the suspension of
customs clearance for the goods in question, no proceedings leading to a decision on the merits of
the case have been initiated by a party other than the defendant or the customs authority has not
been notified accordingly, the goods shall be released, provided that all other conditions for
importation have been complied with.
b) The Director General may extend the suspension period by a further period of ten working days. A
further extension may be ordered only if required under the circumstances.
§18.9. Review of Decision
a) If proceedings leading to a decision on the merits of the case have been initiated, the Director
General shall review, upon the request of the defendant, the decision with the view to determining
whether the measures shall be modified, revoked or confirmed.
b) Where the suspension of the release of goods is continued in accordance with a provisional
measure ordered by the court, the period of further suspension shall be determined by the court.
Where no such determination has been made, said period shall not exceed 20 working days or 31
calendar days, whichever is the longer.
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