Estados Unidos de América
Observancia de los derechos de propiedad intelectual
6. Please explain the responsibility that the competent authorities and other related authorities take to the right holders when they fail to suspend the release into free circulation of goods which infringe intellectual property rights with regard to the suspension based on the Application or the Ex Officio Action stipulated in Article 58 of the TRIPS Agreement.
Customs officials are responsible for making their decisions in good faith in accordance with the authority granted to them by statute. Decisions of the Customs Service are reviewable in court under Chapter 7 of title 5 of the United States Code. A reviewing court can decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. Section 706(1) authorizes the court to compel action that it determines has been unlawfully withheld.