Japón
Sudáfrica
Observancia de los derechos de propiedad intelectual
8. Please explain the specific procedure, if any, to be applied to the goods which are not evident whether or not they infringe intellectual property rights, in Article 55 of the TRIPS Agreement.
Seized goods have to be returned to a suspect if criminal charges are not laid by the complainant or civil proceedings are not instituted by a complainant within three days of being notified of such seizure. If the criminal charge is laid, the goods will be returned to the suspect if the state does not inform the suspect by written notice of its intention to institute a criminal prosecution against him for having committed an offence of dealing in counterfeit goods, within ten days of notice of seizure of goods from the inspector.