Annex 2
UNDERTAKING
I, the undersigned (first name and surname) .......................................................,
(position) .........................................., hereby declare, pursuant to the provisions of Law
No. 2.00 on Copyright and Neighboring Rights, as amended and completed by Law
No. 34.05, that I undertake to:
1. justify to the service which has suspended the free circulation of merchandise
suspected of being counterfeit or pirated, within 10 working days from the
date of notification of the measure taken, failing which the merchandise shall
be released ipso jure:
- the interim measures taken, through the presentation of a copy of the
ordinance handed down by the President of the competent court, or;
- application to a competent court, through the presentation of a
document certifying that judicial proceedings have been brought and
that the security required by the said court has been provided.
If the above-mentioned proof is not provided within the term set, the Administration
shall be obliged to lift the measure suspending the free circulation of the
merchandise in question.
2. forward to the customs service that has suspended the free circulation of the
merchandise suspected of being counterfeit or pirated the decisions of the
judicial authority ruling on the counterfeiting or piracy of the said merchandise
upon its notification thereof;
3. assume responsibility for the application of the suspension measure;
4. take the necessary steps to allow the enforcement of the court decision
ordering the destruction of the counterfeit or pirated merchandise;
5. cover the cost of such destruction and other costs inherent in the suspension
measure in the event that the courts do not require that they be paid by the
owner of the merchandise or his beneficiary;
6. report to the Department of Customs and Indirect Taxation any change in the
reasons underlying the requests, in particular the loss of the applicant’s right as
well as any other decision relating to the settlement of the case.
Done at
, on
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