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Security Or Equivalent Assurance

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Chapter Summary

The competent authorities have the authority to require an applicant to provide a security or equivalent assurance sufficient to protect the defendant and competent authorities and to prevent abuse. Where pursuant to an application under this Section the release of goods involving industrial designs, patents or undisclosed information into free circulation has been suspended by customs authorities on basis of a decision other than by a judicial or other independent authority, and period provided for in Article 55 has expired without granting of provisional relief by duly empowered authority, and provided that all other conditions for importation have been complied with, the owner of such goods shall be entitled to their release on posting of a security in an amount sufficient to protect right holder for any infringement. Art.53 sets out mandatory protection provisions. Art. 53.1 enables the competent authorities to require the applicant "to provide security or equivalent assurance".

Keywords: competent authorities; customs authorities; equivalent assurance; importation; industrial designs; infringement; patents; right holder; security

10.1163/ej.9789004145672.i-910.329
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