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Suspension Of Release

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

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Chapter Summary

Members shall, in conformity with the provisions set out, adopt procedures to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation of such goods. Art. 51, sentence 1 sets out the mandatory provision of procedures for lodging an application for the grant of protection against the import of infringing trademark or pirated copyright goods. The general limitation of this mandatory obligation to counterfeit trademark or pirated copyright goods is contained in parallel in Art. 61. The application procedure was drafted as applying only to the trademark and copyright sector because it was considered very difficult to detect infringements in cases of topographies or patents.

Keywords: counterfeit trademark; customs authorities; infringements; patents; pirated copyright goods; suspension of release

10.1163/ej.9789004145672.i-910.320
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