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Article 427: The customs administration may, at the right holder’s request or on its own
initiative, suspend customs clearance procedures and the release of goods for
free circulation if there are serious indications that counterfeit trademark goods
or pirated goods harming the industrial property right holder have been or are
about to be imported.
Article 428: If the release for free circulation has been suspended ex officio, the customs
administration shall notify the right holder accordingly and shall give him an
opportunity to file an application for suspension of the release for free
circulation and to provide security in accordance with Article 440, and shall
inform him that, if the security is not provided within three working days
starting from the receipt of notification, the goods will be released for free
circulation.
Article 429: If the customs administration is requested by the right holder to take measures in
accordance with Article 427, Articles 439 to 441 shall apply.
Article 430: If the customs administration has suspended the customs clearance procedure in
accordance with Articles 427 to 429, it shall notify the importer and the right
holder, if it is aware of his identity, of the presumed infringement and the
suspension.
Article 431: Without prejudice to the protection of confidential information, the customs
administration shall authorize the right holder and the importer to examine the
goods for which customs clearance has been suspended and to take samples for
purposes of examination, testing and analysis with a view to supplying proof in
support of their respective complaints.
Section 2: Information on the right holder and the release for circulation of goods
Article 432: If the customs clearance procedure for goods has been suspended by the customs
administration in accordance with Articles 427 to 429:
- the customs administration may inform the right holder of the names and
addresses of the importer, the consignor and the consignee as well as the
quantity of the goods in question, provided that this measure is proportionate
to the seriousness of the infringement;
- the owner, importer or consignee of the goods shall be entitled to have them
released for free circulation against the posting of a sufficiently large bond to
protect the right holder when the time limit set in Article 445 has expired
without the court having granted provisional measures and provided that all
of the conditions set for import have been met.
Article 433: Without prejudice to the protection of confidential information, the customs
administration may also provide the right holder, at his request, with copies of
documents concerning the goods in question or any other information or