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Chapter Summary

Any right holder initiating the procedures under Article 51 shall be required to provide adequate evidence to satisfy the competent authorities that, under the laws of the country of importation, there is prima facie an infringement of the right holder's intellectual property right and to supply a sufficiently detailed description of the goods to make them readily recognizable by the customs authorities. The competent authorities shall inform the applicant within a reasonable period whether they have accepted the application and, where determined by the competent authorities, the period for which the customs authorities will take action. Art. 52, sentence 1 concretizes the application procedure for the initiation of procedures required according to Art. 51 and standardizes the relevant criteria for the foundation to be demonstrated in the application. Art. 52, sentence 2 envisages a duty to inform the applicant about the outcome of an application pursuant to Art. 51.

Keywords: application procedure; customs authorities; importation; infringement; intellectual property right; right holder

10.1163/ej.9789004145672.i-910.325
/content/books/10.1163/ej.9789004145672.i-910.325
dcterms_subject,pub_keyword
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