In this respect, it is stipulated that BMDA, acting as the body for the collective
management of copyright and neighboring rights pursuant to Article 60 of the
foregoing Law 2.00, is not required to prove its status as an authorized representative.
The point should be made that the Administration may request the help of the
Copyright Office, both in connection with the investigation of the requests for
suspension and once the suspension measures have been applied by the
operational customs units.
3- Preliminary examination of requests for suspension
The Department shall, together with BMDA, make a preliminary examination of the
file and inform the applicant within 30 days of any action taken in response to the
request.
With a view to the preliminary examination of the file, the Administration may require
the applicant to produce any additional information or documents deemed
necessary.
If the request meets the required conditions, the Central Department shall inform the
interested party by mail that his request is admissible. The applicant shall then
forward the file to the designated customs office(s) so as to enable it (them) to
suspend the free circulation of the merchandise suspected of being counterfeit or
pirated.
In the event that the request is rejected, the interested party shall be informed by
mail of this decision and of the grounds for rejection, within 30 days from the date of
submission of the request.
4- Application of a suspension measure
A suspension measure shall be applied by the customs bureau concerned as the
merchandise suspected of being counterfeit or pirated is being cleared through
customs, during documentary control or at the physical verification stage.
If the customs check confirms the suspicion of the counterfeiting or piracy of the
goods which are the subject of a request, the customs service shall suspend the free
circulation and the applicant shall immediately be informed by mail of this decision
(cf. model, Annex 3), with acknowledgement of receipt.
The declarant or the holder of the merchandise shall also be informed of this
measure subject to the same conditions (see Annex 4).
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