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Right Of Inspection And Information

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Chapter Summary

Art. 57, sentence 1 requires the Members to provide the competent authorities with the authority "to give the right holder sufficient opportunity to have any goods detained by the customs authorities inspected". The right of inspection is linked to the purpose of the substantiation of a claim. Inspections are prohibited for purposes that go beyond the mere substantiation of a claim. This restriction serves the objective of protecting importers against unwarranted intrusions on their legal sphere. Right holders shall have no opportunity to use the right of inspection to attempt to obtain details about other products (especially manufacturing methods and production processes). This approach is supported by the fact that the right holder's right of information may be granted only without prejudice to the protection of confidential information.

Keywords: confidential information; protection; right of inspection

10.1163/ej.9789004145672.i-910.343
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