It is possible to apply for a suspension by the customs authority for the release into free circulation of goods, which constitute infringements to the IPRs defined in the Copyright and Neighbouring Rights and Trademarks draft Laws. This is possible pursuant to Article 47 of the draft Copyright and Neighbouring Rights Law and Article 35 of the draft Trademarks Law respectively. The relevant Articles provide that the General Directorate of Customs (the customs authority) has authority both on its own initiative and upon application by the right holder or the public prosecutor to suspend clearance and release into free circulation of goods if convinced on the basis of prima facie evidence that such goods constitute an infringement of any of the IPRs of the right holder. The authority of the customs authority applies to both imports and exports.
The administrative procedure referred to above does not preclude the right to resort to the court in the first place. The authority of the customs authority to suspend the release into free circulation of goods, which constitute infringements of IPRs, does not apply to goods in transit or to de minimis imports or goods put on the market in another country by or with the consent of the right holder.
