Hong Kong, China
Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Procedimientos penales
3. Does any intellectual property enforcement agency have the legal power to seize and forfeit suspected infringing articles, whether or not a charge has been laid? If not, why?
It is not completely clear what is meant by "a charge" being laid. We interpret it to mean a criminal charge or indictment has been made against the person whose property is being seized. Section 509 of the Copyright Act, 17 U.S.C. § 509, provides for the seizure and forfeiture of infringing copies and articles of infringement used in criminal copyright infringement. The seizures are performed by agents, officials or persons authorized by the US Attorney General. These procedures can be instituted upon the government's showing of probable cause; a criminal indictment or criminal conviction is not required.