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documents concerning prior imports of identical or analogous goods for which
the importer, consignor and consignee are the same.
Article 434: The customs administration shall not be responsible for measures taken or to be
taken in good faith with regard to the release for free circulation or the
suspension of the release for free circulation of counterfeit or pirated goods or
goods which infringe an intellectual property right, especially in case of failure
to identify these goods or the accidental release for circulation of such goods.
The customs administration may require the right holder to provide all
information which is relevant to the exercise of its powers in accordance with
this Title.
Chapter II: Border measures ordered by the court
Section 1: Possibility of obtaining border measures
Article 435: If the conditions provided for by this Title have been met, the court may order
border measures to prevent the import of goods infringing industrial property
rights recognized by Burundi in one of the following forms:
-
a mark, collective mark, certification sign or trade name;
an industrial design;
a geographical indication;
traditional knowledge or a crafts product;
copyright or a related right, protected in accordance with the Law on the
Protection of Copyright and Related Rights in Burundi.
Article 436: Border measures may also be ordered to prevent the import of goods whose
production or marketing in Burundi constitutes an act of unfair competition, in
accordance with this Law.
Article 437: The holder of an industrial property right who has valid grounds for suspecting
that goods infringing his rights may be imported, may file an application with
the court asking it to order the customs administration to suspend the customs
clearance procedure for these goods.
Section 2: Contents of the application
Article 438: Applications must be in writing and must be substantiated. They must be
accompanied by:
- a description of serious indications attesting that the complainant is the holder
of the intellectual property right;
- a description of serious indications attesting that his rights have been or are
about to be infringed;
- a sufficiently detailed description of the allegedly infringing goods for ease of
recognition;