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Ex Officio Action

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Chapter Summary

Where Members require competent authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired prima facie evidence that an intellectual property right is being infringed: (a) the competent authorities may at any time seek from the right holder any information that may assist them to exercise these powers; (b) the importer and right holder shall be promptly notified of the suspension; (c) Members shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith. The optional ex officio action complements the application procedure in accordance with Art. 51. According to the wording in Art. 58, sentence 1, Members are not obliged to provide for an ex officio action for the suspension of the release of the goods.

Keywords: competent authorities; ex officio action; importer; intellectual property right; release of goods; right holder



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