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Chapter Summary

The competent authorities have "the authority to order the destruction or disposal of infringing goods". The provision thus extends the possibilities of a destruction order beyond the jurisdiction of the courts (Art. 46, sentence 1) to the procedure regarding border seizure by the customs authorities. Potential destruction or disposal orders have no effect on the further rights of the right holder. Thus, despite the possible destruction of goods, the right holder may assert additional claims, especially claims for compensation, against the defendant. The competent authorities shall allow "the re-exportation of the infringing goods in an unaltered state" in exceptional circumstances only. The reason for this restrictive approach regarding counterfeit trademark goods lies in the increased risk potential of such goods.

Keywords: defendant; infringing goods; potential destruction; right holder

10.1163/ej.9789004145672.i-910.353
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dcterms_subject,pub_keyword
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