Ex Officio Action Sample Clauses

Ex Officio Action. 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 the right holder shall be promptly notified of the suspension. Where the importer has lodged an appeal against the suspension with the competent authorities, the suspension shall be subject to the conditions, mutatis mutandis, set out at Article 55; (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.

Ex Officio Action. Contracting parties may require customs authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired a sufficient degree of certainty that an intellectual property right is being infringed. In this case, the customs authorities may at any time seek from the right holder any information that may assist them to exercise these powers. The importer and the right holder shall be promptly notified of the suspension. Where the importer has lodged an appeal against the suspension with the customs authorities, the suspension shall be subject to the conditions, mutatis mutandis, set out in Article 17 above. With regard to the importer's rights to claim compensation, the provisions of Article 18 shall apply, mutatis mutandis.

Ex Officio Action. Where the Parties 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 the right holder shall be promptly notified of the suspension. Where the importer has lodged an appeal against the suspension with the competent authorities, the suspension shall be subject to the conditions set out in Article 15-40; and (c) the Parties shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith.

Ex Officio Action. When the Parties request the competent authorities to act on their own initiative and suspend the release of those goods for which they have the presumption that they infringe an intellectual property right: a) the competent authorities may at any time request from the right holder any information that may be useful to them in exercising that power,

Ex Officio Action. 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: 제 61 조 회원국은 적어도, 고의로 상표, 또는 저작권을 상업적 규모로 침해한 경우에 적용될 형사절차와 처벌을 규정한다. 이용 가능한 구제는 이 와 상응하는 정도의 범죄에 적용되는 처벌수준과 일치하고 억제를 제공하기에 충분한 구금 및/또는 벌금을 포함한다. 적절한 경우에 이 용 가능한 구제에는 침해상품과 주로 범죄행위에 사용된 재료 또는 기구에 대한 압수, 몰수 및 폐기를 포함한다. 회원국은 그 밖의 다른 지적재산권 침해의 경우, 특히 그 침해행위가 고의적으로 상업적 규 모로 행해지는 경우에 적용될 형사절차 및 처벌을 규정할 수 있다.

Ex Officio Action. (1) The customs authorities may ex officio decide to detain suspect goods where they have prima facie evidence that the goods are counterfeit. The authorities may at any time request the owner of the title to provide any information that might assist them in exercising their powers. (2) The holder of the right, the importer and the exporter shall be immediately informed of the detention. (3) The liability of the customs authorities may be incurred in the event of unjustified detention, save where they acted in good faith.

Ex Officio Action. When the Parties request the competent authorities to act on their own initiative and suspend the release of those goods for which they have the presumption that they infringe an intellectual property right: a) the competent authorities may at any time request from the right holder any information that may be useful to them in exercising that power; b) the importer and the right holder shall be notified without delay of the suspension. If the importer appeals against it to the competent authorities, the suspension shall be subject, mutatis mutandis, to the conditions provided for in article 15-51; and c) the Parties shall exempt both authorities and public officials from liability, which would give rise to appropriate remedial action only in the case of actions taken or attempted in good faith.