Indeed, if the customs check confirms the suspicion of counterfeit merchandise for which an
application has been made, the customs department shall suspend the release for free
circulation and the applicant shall be informed of this decision by registered post (see model in
annex 3) without delay.
The declarant of the merchandise shall also be informed of this measure in the same
conditions (see annex 4).
The Customs Department shall communicate to the applicant, on the basis of his/her written
application, information relating to the names and addresses of the importer, the sender and
the recipient of the merchandise, and the quantity of merchandise, so that the applicant may
take legal action (protective measures or action at law).
4‐ Follow‐up action taken in relation to the suspension measure:
In accordance with the provisions of Article 176.2 of Law No. 17.97, the applicant shall justify,
to the department that carried out the suspension of the release for free circulation of the
suspected counterfeit merchandise, within 10
Translator’s note: text appears to be missing from original
III – Final provisions:
Whether dealing with a measure to suspend the release for free circulation of merchandise
initiated by the Authority on request, or a measure undertaken of its own motion, the liability
of the Authority shall not be incurred provided that the necessary formality has been adhered
to.
With this in mind, the attention of the Department shall be drawn emphatically to the
importance of respecting the established time limits with regard to what is at stake in terms of
the measure’s impingement upon the right of the importer or the protection of the right
holder.
Nonetheless, the applicant may be held liable for damages to the owner of the merchandise,
where the merchandise is not recognized as being counterfeit. In such a case, the court may
order compensation for damage sustained by the owner of the merchandise.
The suspension measure shall not apply to merchandise of a non‐commercial nature contained
in the personal luggage of travelers, in small quantities or sent in small consignments for
personal and private use.
Lastly, it is hereby stated that these border measures initiated by the Authority shall not
preclude seizures ordered by the court, at the request of the Public Prosecutor’s Office or any