Page:United States Statutes at Large Volume 115 Part 3.djvu/658

 115 STAT. 2732 PROCLAMATION 7449—JUNE 8, 2001 Artide IS Enforcement of InieUectual Property Rights atthe Border I Each Parly shall adopt procedures to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademaik goods or unauthorized copies of works protected by copyrights or neighboring rights may take place, to lodge an application in writing with its competent authorities, whether administrative or judicial, for the suspension by the customs administration of the release of such goods intofree circulation. No Party shall be obligated to apply such procedures to goods in transit. A Party may permit such an application to be made in respect ofgoods that involve other infringements of intellectual property rights, provided that the requirements of this Article are met A Party may also provide for corresponding procedures concerning the suspension by the customs administration of the release of infi-inginggoods destined for exportation from its territory. 2. Each Party shall require any applicant who initiates procedures under paragraph I to provide adequate evidence: A to satisfy that Party's competent authorities that, under its domestic laws, there is primafacie an infringement of its intellectual propertyright;and B to supply a sufficiently detailed description of the goods to make them readily recognizable by the customs administration The competent authorities shall inform the applicant within a reasonable period whether they have accepted the application and, if so, theperiod for which the customs administration will take action. 3 Each Party shall authorize its competent authorities to require an applicant under paragraph 1 to provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse Such security or equivalent assurance shall not unreasonably deter recourse to these procedures 4 A Party's customs administration, upon receiving an application pursuant to procedures adopted in accordance with this Article, may suspend the release of goods involving industrial designs, patents, integrated circuits or trade secrets into free circulation on the basis of a decision other than by a judicial or other independent authority; provided, however, if the period set forth in paragraphs 6through 8 has expired without the granting of provisional reliefbythe duly empowered authority, and provided that aii other conditions for importation have been complied with, such Party shall permit the owner, importer or consignee of such goods to receive such goods for entry into commerce on the posting of a security in an amount sufficient to protect the right holder against any infringement Payment of such security shall not prejudice any other remedyavailable to therightholder. fe•p-

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