According to article 441 of the Customs Code, if in the course of the customs clearance or the customs control procedure the customs authority identifies the goods indicated by the right holder as pirated/counterfeit, the customs authority is authorized to suspend the release of such goods for 10 working days. Upon the substantiated written request by the right holder or his representative this time limit may be extended by no more than a further 10 working days, if such person has applied to the competent authorities for protection of his rights.
The decision to suspend the release of goods and extend the suspension of the release of goods must be made in writing by the head of the customs authority or his deputy.
The customs authority, not later than the next day after the suspension of the release of goods, notifies the right holder (his/her representative) about the reason and term of such suspension, as well as notifies the declarant of the designation (name) and address of the right holder (his/her representative), and notifies the right holder (his/her representative) of the designation (name) and address of the declarant.
The right holder is responsible for the damages caused to the declarant, owner, recipient of goods as a result of the suspension of the release of goods, if it was found that the goods (including packaging and labelling) were not counterfeit.
Under Article 442 of the Customs Code the right holder and the declarant and their representatives may take samples and inspect the suspected goods (including examination and taking photographs) subject to the written approval by the customs authority and under the customs control. Upon the request of the right holder the customs authority may provide additional information necessary to prove infringement of rights.