Observancia de los derechos de propiedad intelectual
14. Please explain the procedures of detentions and seizures to be ordered by the competent authorities based on Articles 51 and 55 of the TRIPS Agreement.
The procedures referred to in the question are explained in Sweden's response to question 16 of the Checklist of Issues on Enforcement. They imply essentially the following. A right-owner may apply in writing to the customs authority for an action against the import of counterfeit or pirated goods. The application shall contain a sufficiently detailed description of the goods and evidence that the application is actually the right-owners in relation to the goods. Following an examination of the application the customs authority may suspend the release of the goods or retain them. Where the relevant customs authority has not within ten days from the application been informed of the fact that the matter has been referred to the competent authority, the goods shall be released; this period may, however, where necessary be extended by not more than ten days. The customs authority may request the applicant to provide a security in order to guarantee his obligations towards the persons affected by the action and the payment of the costs for the keeping of the goods by the customs authority. The owner, importer or receiver of the goods may request the release of the goods, against providing of a security in order to protect the interests of the right-owner.