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.
As mentioned above, the decisions on the merits of the case are taken by the ordinary Courts, whose decisions are to be implemented by the customs authority. The Act mentioned above specifically states that the customs authority which keeps the goods in question has to implement the Court's decision concerning release, change or destruction of the goods. Consequently, where the Court finds that there is no infringement, it will order the release of the goods, and, as mentioned above, such decisions may be issued also on a preliminary basis.