Where the requestor fails to lodge either a civil or criminal appeal within a period of
15 days, the description or the seizure shall be declared void ipso jure, without prejudice to
the damages.
The period of 15 days shall start from the day on which the seizure or description has
taken place.
Chapter VII
Border Measures
39. The creator of a protected layout-design of integrated circuits or his beneficiaries
may, if he has serious reasons to suspect an operation involving the import of goods
comprising copied layout-designs of integrated circuits, submit to the customs authorities a
written request, demanding the suspension of customs clearance for the import of the goods.
The requestor shall be obliged to inform the customs authorities in the case where his
right no longer appears to have valid registration or appears to have expired.
40. The application provided for in Article 39 of this Law shall contain:
— the first name and surname or business name of the requestor, his domicile or
registered office;
— proof establishing that the requestor is the owner of a right in the goods which are
the subject of the dispute;
— a description of the goods sufficiently accurate as to allow the customs authorities to
recognize them.
In addition, the requestor shall supply all the other useful information available to him
to allow the customs authorities to take a fully informed decision, without, however, the
submission of this information constituting a requirement for the admissibility of the request.
This information shall relate, inter alia, to the:
— place where the goods are located or the planned destination,
— identification of the parcel or of the packages,
— date of arrival or planned deposit of the goods,
— means of transport used,
— identification of the importer, exporter or holder of the goods.
The request shall also contain the undertaking of the requestor to assume responsibility
in relation to the importer, if it is formally proven that the goods withheld by the customs
authorities do not constitute an infringement of the protected layout-design of integrated
circuits.
41. The customs authorities, to which a request drawn up in accordance with Article 39
of this Law is submitted, shall examine the request and immediately inform the requestor in
writing of the decision taken. Appropriate reasons shall be given for the decision.
The customs authorities may demand from the requestor, where his request has been
accepted or where intervention measures have been taken pursuant to Article 42 of this Law,
page 9/11