Estados Unidos de América
Observancia de los derechos de propiedad intelectual
8. Please explain the responsibility that the competent authorities and other related authorities take to the importers when they suspend the release into free circulation of goods which do not 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.
Decisions of the Customs Service are reviewable in court under Chapter 7 of title 5 of the United States Code. The 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(2) authorized the court to hold unlawful and set aside agency action, findings, and conclusions found to be "(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right", "(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court".