Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Prescripciones especiales relacionadas con las medidas en frontera
12. Article 52 of the TRIPS Agreement requires that rights holders wishing to stop importation of counterfeit trademarked goods or pirated copyrighted works present evidence to the competent authorities that there is prima facie infringement of their trademark or copyright. Please explain what evidence will constitute prima facie infringement in Sweden.
As mentioned in Sweden's responses to the Checklist of Issues on Enforcement, Sweden applies the European Union Council Regulation No. 3295/94 of 22 December 1994, as further implemented through the Act on Customs Control of Trademark Infringements of 15 December 1994. As mentioned in connection with question 7, the Swedish legal system is based on a free evaluation of the facts in the case concerned and not on any formal requirements as to the value of certain facts in that respect. Thus, there are no explicit provisions on what would constitute prima facie evidence. In the case of border measures, a corresponding effect will follow from the fact that the application for a border measure shall contain a sufficiently detailed description of the infringing goods and evidence that the applicant is actually the right owner to the relation to the goods (see also above in the response to question 10).