Chapter V
Border Measures
31. The owner of a protected industrial design or his beneficiaries may, where he has
serious reasons to suspect that imports are taking place of goods containing infringed
industrial designs, submit a written request to the customs authorities demanding suspension
of the customs clearance for the import of these goods.
The requesting party shall inform the customs authorities in cases where his right no
longer appears to have valid registration or appears to have expired.
32. The request provided for in Article 31 of this Law shall contain:
— The first name and surname or business name of the requestor, his domicile or head
office;
— Formal proof establishing that the requestor is the holder of a right in the goods
which are the subject of the dispute;
— A description of the goods sufficiently precise as to allow the customs authorities to
recognize them.
— In addition, the requestor shall provide all the other useful information he has
available to allow the customs authorities to take a fully informed decision, without, however,
the submission of this information representing a requirement for the admissibility of the
request.
This information relates, inter alia, to the:
— place where the goods are located or the planned destination,
— identification of the dispatch or packages,
— date of arrival or planned deposit of the goods,
— means of transport used,
— identification of the importer, exporter or person in possession of the goods.
The request shall also contain the undertaking of the requestor to assume responsibility
in relation to the importer, if it is formally proved that the goods held by the customs
authorities do not constitute an infringement of the protected industrial design.
33. The customs authorities to which a request, established in accordance with
Article 32 of this Law, has been referred, shall examine the request and immediately inform
the requestor in writing of the decision taken. Appropriate reasons shall be given for this
decision.
The customs authorities may require from the requestor, where his request has been
accepted or where intervention measures have been taken pursuant to Article 34 of this Law,
the payment of a security intended to cover the costs incurred as a result of the goods being
kept under customs supervision.
34. Where the customs authorities observe, in the appropriate case following
consultations with the requestor, that goods correspond to those indicated in the request, they
shall withhold the goods.
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