Border Measures Sample Clauses
The Border Measures clause establishes procedures and authorities for controlling the import and export of goods at a country's borders, particularly in relation to intellectual property rights enforcement. In practice, this clause empowers customs officials to detain or seize goods suspected of infringing intellectual property rights, such as counterfeit or pirated products, before they enter or leave the country. Its core function is to prevent the cross-border movement of infringing goods, thereby protecting rights holders and supporting the integrity of legitimate trade.
Border Measures. Each Party shall, unless otherwise provided for in this Section, adopt procedures (1) to enable a right holder, who has valid grounds for suspecting that the importation, exportation, re-exportation, customs transit, transhipment, placement under a free zone (1), placement under a suspensive procedure (2) or a bonded warehouse of goods infringing an intellectual property right (3) may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation or the detention of such goods.
Border Measures. 1. Each Party shall adopt or maintain procedures with respect to import and export shipments under which:
(a) its customs authorities may act upon their own initiative to suspend the release of suspect goods; and
(b) where appropriate, a right holder may request its competent authorities to suspend the release of suspect goods.
2. A Party may adopt or maintain procedures with respect to suspect in-transit goods or in other situations where the goods are under customs control under which:
(a) its customs authorities may act upon their own initiative to suspend the release of, or to detain, suspect goods; and
(b) where appropriate, a right holder may request its competent authorities to suspend the release of, or to detain, suspect goods.
Border Measures. 1. Each Party shall adopt or maintain procedures with respect to import and export shipments under which:
(a) its customs authorities may act upon their own initiative to suspend the release of suspect goods; and
(b) where appropriate, a right holder may request its competent authorities to suspend the release of suspect goods.
2. A Party may adopt or maintain procedures with respect to suspect in-transit goods or in other situations where the goods are under customs control under which:
(a) its customs authorities may act upon their own initiative to suspend the release of, or to detain, suspect goods; and
Border Measures. 1. Each Party shall ensure that the requirements necessary for a right holder to initiate procedures to suspend the release of goods suspected of being counterfeit trade ▇▇▇▇ or pirated copyright goods shall not unreasonably deter recourse to these procedures.
2. Each Party shall provide that its competent authorities have the authority to inform the right holder of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question.
3. Each Party shall provide that its competent authorities may _ initiate enforcement measures ex officio with respect to imported or exported goods suspected of being counterfeit trade ▇▇▇▇ or pirated copyright goods, without the need for a specific formal complaint.
4. Each Party shall treat intentional, knowing or reckless importation or exportation (37) of pirated copyright goods or of counterfeit trade ▇▇▇▇ goods as unlawful activities subject to criminal penalties.
5. Parties may exclude from the application of this Article the importation or exportation of small quantities of goods which are considered to be of a non- commercial nature.
Border Measures. 1. Each Party shall provide procedures for import and export shipments:
(a) by which customs authorities may act upon their own initiative, to suspend the release of suspect goods; and
(b) where appropriate, by which right holders may request the competent authorities to suspend the release of suspect goods.
2. Each Party may provide procedures for suspect goods in transit or in other situations where the goods are under Customs control:
(a) by which customs authorities may act upon their own initiative, to suspend the release of, or to detain, suspect goods; and
(b) where appropriate, by which right holders may request the competent authorities to suspend the release of, or to detain, suspect goods.
Border Measures. 1. Each Party shall adopt or maintain procedures with respect to import and export shipments under which:
(a) its customs authorities may act upon their own initiative to suspend the release of suspect goods; and
(b) where appropriate, a right holder may request its competent authorities to suspend the release of suspect goods.
2. A Party may adopt or maintain procedures with respect to suspect in-transit goods or in other situations where the goods are under customs control under which: 5 It is understood that there shall be no obligation to apply the procedures set forth in this Section to goods put on the market in another country by or with the consent of the right holder.
Border Measures. 1. Each Party shall ensure that the requirements necessary for a right holder to initiate procedures to suspend the release of goods suspected of being counterfeit trade ▇▇▇▇ or pirated copyright goods shall not unreasonably deter recourse to these procedures.
2. Where its competent authorities have made a determination that goods are counterfeit trade ▇▇▇▇ or pirated copyright goods (or have detained such suspected goods), each Party shall provide that its competent authorities have the authority to inform the right holder of at least the names and addresses of the consignor and the consignee, and of the quantity of the goods in question.
3. Each Party shall provide that its customs authorities may initiate border measures ex officio with respect to imported or exported goods suspected of being counterfeit trade ▇▇▇▇ or pirated copyright goods.
4. Each Party shall ensure that its laws, regulations or policies permit relevant competent authorities, on receipt of information or complaints, to take measures in accordance with its laws to prevent the export of counterfeit trademark or pirated copyright goods.
5. The Parties may exclude from the application of this Article the importation or exportation of small quantities of goods which are considered to be of a non- commercial nature.
Border Measures. 1. When implementing border measures for the enforcement of intellectual property rights each Party shall ensure compliance with its obligations under the GATT 1994 and the TRIPS Agreement.
2. In order to ensure protection of intellectual property rights in the customs territory of each Party, the customs authorities, within the limits of their authority, shall adopt a range of approaches to identify shipments containing goods suspected of infringing intellectual property rights referred to in paragraphs 3 and 4. These approaches include risk-analysis techniques based, inter alia, on information provided by right holders, intelligence gathered and cargo inspections.
3. The customs authorities shall have the power to take measures, upon application by the right holder, to detain or suspend the release of goods under customs control which are suspected of infringing trademarks, copyright and related rights, or geographical indications.
4. The customs authorities of the Republic of Kazakhstan shall, no later than three years after the date on which this Title starts to apply, have the power to take measures, upon application by the right holder, to detain or suspend the release of goods under customs control which are suspected of infringing patents, utility models, industrial designs, topographies of integrated circuits or plant variety rights, on the condition that the European Union provides, before the end of the second year of this three-year period, adequate training for representatives of the authorised bodies, such as customs officials, prosecutors, judges and other personnel, as appropriate.
5. The customs authorities shall have the power to detain or suspend, upon their own initiative, the release of goods under customs control which are suspected of infringing trademarks, copyright and related rights, or geographical indications.
6. The customs authorities of the Republic of Kazakhstan shall, no later than five years after the date on which this Title starts to apply, have the power to detain or suspend, upon their own initiative, the release of goods under customs control which are suspected of infringing patents, utility models, industrial designs, topographies of integrated circuits or plant variety rights, on the condition that the European Union provides, no later than two years before the end of this five-year period, adequate training for representatives of authorised bodies, such as customs officials, prosecutors, judges and other personnel...
Border Measures. Article 77 Measures on request
(1) The customs administration may, on written application by any person, supported by proof of his right, detain any goods it suspects to be counterfeit when conducting controls.
(2) The public prosecutor, the applicant and the importer of the goods shall be immediately informed by the customs services of such detention.
(3) The detention measure shall be lifted ipso jure within 10 working days of the notification of the detention of the goods if the applicant fails to provide proof to the customs services:
(a) of the interim measures; or
(b) of his application to the competent domestic court in either civil or criminal matters and his provision, where applicable, of the requisite guarantees to cover any responsibility he may incur where the alleged counterfeiting is ultimately not found to exist.
(4) For the purposes of taking the legal action referred to in the preceding paragraph, the applicant may request communication by the customs administration of the names and addresses of the sender, importer and intended recipient of the detained goods, together with their quantity, notwithstanding provisions governing professional secrecy by which customs officials are bound.
(5) On expiry of the 10-day time limit mentioned in paragraph (3) above, where the decision to suspend the free movement of goods is not taken by a judicial authority or by an independent administration, the owner, the importer or the intended recipient of the goods may, on payment of a security deposit, cause the detention order to be suspended.
Border Measures. 1. Each Party shall, unless otherwise provided for in this Section, adopt procedures73 to enable a right holder, who has valid grounds for suspecting that the importation, exportation, re-exportation, customs transit, transhipment, placement under a free zone,74 placement under a suspensive procedure75 or a bonded warehouse of goods infringing an intellectual property right76 may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation or the detention of such goods.
2. The Parties shall provide that when the customs authorities, in the course of their actions and before an application has been lodged by a right holder or granted, have sufficient grounds for suspecting that goods infringe an intellectual property right, they may suspend the release of the goods or detain them in order to enable the right holder to submit an application for action in accordance with the paragraph 1.
3. Any rights or obligations established in the implementation of Section 4 of Part III of the TRIPS Agreement concerning the importer shall also be applicable to the exporter or if necessary to the holder77 of the goods.
4. Korea shall fully implement the obligation under paragraphs 1 and 2 with respect to indent (c)(i) and (c)(iii) of footnote 27 within two years of the entry into force of this Agreement.