Page:United States Statutes at Large Volume 115 Part 3.djvu/660

 115 STAT. 2734 PROCLAMATION 7449—JUNE 8, 2001 II. Where a Party requires its competent authorities to act on their own initiative and to aispcnd the release ofgoods in respect of which they have acquired prima^c/e evidence that an intellectual property right is being infringed: A. The competent authorities may at any time seek from the right bolder any information the might assist them to exercise these powers; B. the importer and the right holder shall be promptly notified of the suspension by the Party's competent authorities, and where the importer lodges an appeal agafaistthe suspension with competent authorities, the suspension shall be subject to the conditions, with such modifications as may be necessary, set out in paragraphs 6 through 8, and C. the Party may exempt public authorities and oflBciabfromliaUfity, except when the ofTerxling actions wtre not taken or intended in good faith. 12 Without prqudice to other rights of action open to the tight holder and subject to the defendant's right to seek judicial review, each Party shall provide that its competent authorities shall have the authority to order the destruction or disposal of infringing goods in accordance with the prindptes set out in Article 12.4 of this Chapter. In regard to courtterfeit trademark goods, the authorities shall not allow the re-exportation of the infringing goods in an unaltered state or subjea them to a different customs procedure, other than in exceptional drcunistances 13 A Party may exclude from the application of paragraphs I through 12 small quantities of goods of a non-commercial nature contained in travelers' personal higgage or sent in small consignmems that are not repetitive Article 16 Existing Subject Matter To the extent this Agreement requires a Party to increase its levd of protection and enforcement of intellectual property rights, it givesriseto obligations in respect of alt subject matter existing at the date of application of this Agreement for the Party in question, and which is protected in that Party on thedate the Agreement enters into force, or which meets or comes subsequently to meet the criteria for protection under the tenns of this Agreement. In respect of this Aitide, copyright obligations with respect to existing works shall be solely determined under Article 18 of the Berne Convention (1971), and obligations with respect to the rights of producers of phonograms arid performers in existing phonograms shall be determined solely under Aflide 18 ef the Berne Cenvemisn (1971), which is applied with such modificttions as may b« ncoatsary. ^ h

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