Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Customs Law Nº 4458, Article 57
Article 57 of this law provides a procedure to enable the right holder or his representative to lodge an application for the suspension by the customs authorities of the release into free circulation of counterfeit trademark or pirated copyright goods in accordance with Article 51 of the Agreement. The customs authorities are able to carry out this procedure, where solid evidence is available, on their own initiative. In accordance with the legislation on the protection of intellectual property rights, regarding the rights of trademarks, geographical indications and industrial designs, and the rights covered by the Law on Intellectual and Artistic Works, the customs authorities can, upon request or on their own initiative, suspend the customs procedures of the goods infringing the rights of the persons concerned. This Article also provides securing the value of goods in question, liability of the customs authorities, obligation of the right holder to initiate a legal proceeding leading to a decision on the merits of the case or to provide for taking a precautionary measure by a duly empowered authority, destruction or disposal of the goods whose customs procedures have been suspended and the goods excluded from this procedure.