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The aforementioned application shall be supported by appropriate evidence that there is an
infringement of protected rights and shall provide sufficient information that the owner of the
right could reasonably be expected to know about for the suspected counterfeit or pirated
merchandise to be reasonably recognizable by the Customs and Excise Authority.
The applicant and the declarant or the holder of the merchandise shall be informed, without
delay, by the Customs and Excise Authority, of the suspension measure taken.
The suspension application referred to in the first paragraph above shall be valid for a period
of one year or the remaining period of protection of the copyright or related rights when such
a period is shorter than one year.
Article 61.2
The suspension measure referred to in Article 61.1 above shall be lifted as of right where the
requestor, within 10 working days following notification of the suspension measure to the
requestor, fails to prove to the Customs and Excise Authority that:
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protective measures have been ordered by the President of the Court;
or that he has brought legal proceedings, and furnished the security set by the
court, to cover contingent liability should there be no subsequent acknowledgement
that counterfeiting or piracy activities have taken place.
Article 61.3
For the purposes of bringing the legal action referred to in Article 61.2 above, the applicant
may obtain from the Customs and Excise Authority information relating to the names and
addresses of the importer, the sender, the consignee or the holder of the merchandise and
the quantity of the merchandise, notwithstanding any provisions to the contrary.
Article 61.4
If the Customs and Excise Authority establishes or suspects that imported, exported or
transit merchandise is counterfeit or pirated, the Authority shall, of its own motion, suspend
the release for free circulation of such merchandise. In this case, the Authority shall without
delay inform the owner of the rights of the measure taken and shall communicate to him,
upon his written request, the information referred to in Article 61.3 above.
The declarant or holder of the merchandise shall also be informed of this measure without
delay.
The above suspension measure shall be lifted as of right where the owner of the rights,
within 10 working days following the date when the Authority communicated the information
to him, fails to prove to the Customs and Excise Authority that the measures or actions have
been undertaken on the conditions referred to in Article 61.2 above.
Article 61.5
The merchandise for which the release for free circulation has been suspended pursuant to
the provisions of Articles 61.1 to 61.4 above and that has been recognized, by a court
judgment that has become final, as being counterfeit or pirated merchandise shall be
destroyed, except in exceptional circumstances. It may in no way be authorized for export or
be the subject of other customs procedures or systems, except in exceptional circumstances.
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