European Union
IP Enforcement
3. Please explain in detail how the Customs Code of 9 January 1997 will comply with Part III, Section 4 of the TRIPS Agreement relating to border measures.
The Customs Code, in Articles 2 § 3 and 57 §§ 2 and 3, provides for intervention of customs authorities in adherence to obligations under international agreements in order to protect intellectual and commercial property rights (including the TRIPS Agreement). The means and procedure for customs authorities, including suspension of release of goods when intellectual property rights infringement is suspected, shall be regulated by the ordinance of the Council of Ministers. The person entitled to use the customs procedure is one to whose name the custom declaration is made, or a person to whom such rights and obligations have been legally transferred. The required presentation of goods for custom clearance entails the possibility to include such items in the measures adopted by the customs authorities regarding protection of intellectual, industrial or commercial property rights, upon demand from the person entitled to such protection, submitted prior to, and under the scope of the protection granted to him by these authorities.