Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Prescripciones especiales relacionadas con las medidas en frontera
47. Article 55 provides that a review is to take place within a reasonable time at the request of the defending party to determine if the suspension measures should be modified, revoked or confirmed pending the outcome of the proceeding on the merits. Please identify the forum that is authorized to conduct such a review and describe the procedure and cite the applicable law or regulations.
Where Court action is not taken within the prescribed 3 or 10-day period, counterfeit goods which have been seized by an inspector must be released. Where infringement proceedings have been instituted by an applicant, and the applicants claim has been dismissed by the Court, the Court, on the application of the erstwhile respondent or any other interested person claiming to be entitled to the goods, may order that such goods be released, respectively, to the erstwhile respondent or such interested person who has proved his or her entitlement thereto. The normal process of the Courts may be utilized to review or modify an order. Section 4 of the Counterfeit Goods Act, 1997 refers in this regard.