Common use of Special Requirements Related to Border Measures Clause in Contracts

Special Requirements Related to Border Measures. 1. Each Party shall provide that any right holder initiating procedures for suspension by the customs authorities of the release of suspected counterfeit trademark or pirated copyright goods1 into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws of the Party of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply sufficient information to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required shall not unreasonably deter recourse to these procedures. 2. Each Party shall provide the competent authorities with the authority to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder, at the right holder’s request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or 1 For the purposes of this Article: (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the Party of importation; (b) pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the Party of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party of importation. right holder. Such measures shall be used when there is reason to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. 5. This Article shall be implemented no later than two years upon entry into force of this Agreement.

Special Requirements Related to Border Measures. 1. Each Party shall provide that any right holder initiating procedures for suspension by the customs authorities of the release of suspected counterfeit trademark or pirated copyright goods1 goods 1 into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws of the Party of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply sufficient information to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required shall not unreasonably deter recourse to these procedures. 2. Each Party shall provide the competent authorities with the authority to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder, at the right holder’s request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or 1 For the purposes of this Article: (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the Party of importation; (b) pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the Party of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party of importation. right holder. Such measures shall be used when there is reason to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. 5. This Article shall be implemented no later than two years upon entry into force of this Agreement.

Special Requirements Related to Border Measures. 1. Each Party shall provide that any right holder initiating procedures for suspension by the customs authorities of the release of suspected counterfeit trademark or pirated copyright goods1 into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the relevant laws of the Party of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply sufficient information to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required shall not unreasonably deter recourse to these procedures. 2. Each Party shall provide the competent authorities with the authority powers to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority right to inform the right holder, at the right holder’s request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or 1 For the purposes of this Article: (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the Party of importation; (b) pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the Party of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party of importation. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or right holder. Such measures shall be used when there is reason to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. 5. This Article shall be implemented no later than two years upon entry into force of this Agreement.

Special Requirements Related to Border Measures. 1. Each Party shall provide that any right holder initiating procedures for suspension by the customs authorities of the release of suspected counterfeit trademark or pirated copyright goods1 into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the relevant laws of the Party of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply sufficient information to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required shall not unreasonably deter recourse to these procedures. 2. Each Party shall provide the competent authorities with the authority powers to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder, at the right holder’s request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person orSuch 1 For the purposes of this Article: (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the Party of importation; (b) pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the Party of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party of importation. security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the right to inform the right holder, at the right holder’s request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or right holder. Such measures shall be used when there is reason to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. 5. This Article shall be implemented no later than two years upon entry into force of this Agreement.

Special Requirements Related to Border Measures. 1. Each Party shall provide for applications to suspend the release of, or to detain, any suspected counterfeit or confusingly similar trademark or pirated copyright goods that are imported into the territory of the Party.116 2. Each Party shall provide that any right holder initiating procedures for suspension by the customs authorities of the its competent authorities117 to suspend release of suspected counterfeit or confusingly similar trademark or pirated copyright goods1 goods into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws law of the Party of importationproviding the procedures, there is prima facie an infringement of the right holder’s 's intellectual property right and to supply sufficient information that may reasonably be expected to be within the right holder‟s knowledge to make the suspected suspect goods reasonably recognizable to the customs recognisable by its competent authorities. The sufficient requirement to provide that information required shall not unreasonably deter recourse to these procedures. 23. Each Party shall provide the that its competent authorities with have the authority to require an applicant a right holder initiating procedures to suspend the release of suspected counterfeit or confusingly similar trademark or pirated copyright goods, to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder, at the right holder’s request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or 1 116 For the purposes of this Article: (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization authorisation a trademark which that is identical to the trademark validly registered in respect of such goods, or which that cannot be distinguished in its essential aspects from such a trademark, and which that thereby infringes the rights of the owner of the trademark in question under the law of the Party of importation;providing the procedures under this Section; and (b) pirated copyright goods means any goods which that are copies made without the consent of the right holder or person duly authorized authorised by the right holder in the Party country of production and which that are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party providing the procedures under this Section. 117 For the purposes of importationthis Article, unless otherwise specified, competent authorities may include the appropriate judicial, administrative or law enforcement authorities under a Party‟s law. defendant and the competent authorities and to prevent abuse. Each Party shall provide that such security or equivalent assurance does not unreasonably deter recourse to these procedures. A Party may provide that the security may be in the form of a bond conditioned to hold the defendant harmless from any loss or damage resulting from any suspension of the release of goods in the event the competent authorities determine that the article is not an infringing good. 4. Without prejudice to a Party‟s law pertaining to privacy or the confidentiality of information: (a) if a Party‟s competent authorities have detained or suspended the release of goods that are suspected of being counterfeit trademark or pirated copyright goods, that Party may provide that its competent authorities have the authority to inform the right holder. Such measures holder without undue delay of the names and addresses of the consignor, exporter, consignee or importer; a description of the goods; the quantity of the goods; and, if known, the country of origin of the goods;118 or (b) if a Party does not provide its competent authority with the authority referred to in subparagraph (a) when suspect goods are detained or suspended from release, it shall be used when there is reason provide, at least in cases of imported goods, its competent authorities with the authority to believe provide the information specified in subparagraph (a) to the right holder normally within 30 working days of the seizure or suspect determination that the goods being imported, or destined for export are counterfeit trademark goods or piratedpirated copyright goods. 5. Each Party shall provide that its competent authorities may initiate border measures ex officio119 with respect to goods under customs control120 that are: (a) imported; (b) destined for export;121 or (c) in transit,122, 123 118 For greater certainty, a Party may establish reasonable procedures to receive or access that information. 119 For greater certainty, that ex officio action does not require a formal complaint from a third party or right holder. 120 For the purposes of this Article, a Party may treat “goods under customs control” as meaning goods that are subject to a Party‟s customs procedures. 121 For the purposes of this Article, a Party may treat goods “destined for export” as meaning exported. 122 This subparagraph applies to suspect goods that are in transit from one customs office to another customs office in the Party‟s territory from which the goods will be exported. and that are suspected of being counterfeit trademark goods or pirated copyright goods. 6. Each Party shall adopt or maintain a procedure by which its competent authorities may determine within a reasonable period of time after the initiation of the procedures described in paragraph 0, xxxxxxxxx 0(x), xxxxxxxxx 5(b) and, if applicable, paragraph 5(c), whether the suspect goods infringe an intellectual property right. 124 If a Party provides administrative procedures for the determination of an infringement, it may also provide its authorities with the authority to impose administrative penalties or sanctions, which may include fines or the seizure of the infringing goods following a determination that the goods are infringing. 7. Each Party shall provide that its competent authorities have the authority to order the destruction of goods following a determination that the goods are infringing. In cases in which the goods are not destroyed, each Party shall ensure that, except in exceptional circumstances, the goods are disposed of outside the channels of commerce in such a manner as to avoid any harm to the right holder. In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit the release of the goods into the channels of commerce. 8. If a Party establishes or assesses, in connection with the procedures described in this Article, an application fee, storage fee or destruction fee, that fee shall not be set at an amount that unreasonably xxxxxx recourse to these procedures. 9. This Article also shall be implemented no later than two years upon entry into force apply to goods of a commercial nature sent in small consignments. A Party may exclude from the application of this AgreementArticle small quantities of goods of a non-commercial nature contained in travellers‟ personal luggage.125 123 As an alternative to this subparagraph, a Party shall instead endeavour to provide, if appropriate and with a view to eliminating international trade in counterfeit trademark goods or pirated copyright goods, available information to another Party in respect of goods that it has examined without a local consignee and that are transhipped through its territory and destined for the territory of the other Party, to inform that other Party‟s efforts to identify suspect goods upon arrival in its territory. 124 A Party may comply with the obligation in this Article with respect to a determination that suspect goods under paragraph 5 infringe an intellectual property right through a determination that the suspect goods bear a false trade description. 125 For greater certainty, a Party may also exclude from the application of this Article small quantities of goods of a non-commercial nature sent in small consignments.

Special Requirements Related to Border Measures. 1. Each Party shall provide shall, subject to the provisions of domestic legislation, adopt procedures to enable a right holder, who has valid grounds for suspecting that any the importation, exportation, transshipment, placement under a free zone and placement under a bonded warehouse of goods infringing an intellectual property right holder initiating procedures (62) 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 of suspected counterfeit trademark or pirated copyright goods1 into free circulation is required to provide adequate evidence to satisfy or the competent authorities that, under the laws detention of the Party of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply sufficient information to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required shall not unreasonably deter recourse to these proceduressuch goods. 2. Each party shall, subject to the provisions of domestic legislation, provide in advance that a right holder may request to the customs authorities for protecting their rights in the course of their action in respect of importation, exportation, transshipment and carry-in into the bonded area including into free trade zone, with submission of sufficient information such as suspected infringing importer or exporter, identification method of the suspected infringing goods. Customs authorities may inform the details including name of exporter and importer, address of the importer, product description, quantity and declared price etc. to the right holder when they found suspected infringing goods relevant to such protection requesting rights in the course of their action and provide the right holder an opportunity to submit an application for initiating procedures to suspend the release of the goods. 3. Each Party shall provide the that its competent authorities with shall have the authority to require an applicant a right holder initiating procedures to suspend the release of suspected infringing goods, to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such Each Party shall provide that the security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder, at the right holder’s request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the its competent authorities may act ex officio to suspend the release of the goods, in case where there is clear evidence that the goods are permitted to initiate border measures ex officio, infringing an intellectual property right stipulated in paragraph 1 without the need for a formal complaint from a the private person or 1 For the purposes of this Article: (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the Party of importation; (b) pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the Party of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party of importation. right holder. Such measures shall be used when there is reason to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. 5. This Article Each Party may provide that goods that have been suspended from release by its customs authorities, and that have been confiscated under infringement of an intellectual property right stipulated in paragraph 1 shall be implemented no later than two years upon entry destroyed, except in exceptional circumstances. In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient to permit the release of the goods into force the channels of this Agreementcommerce. 6. Where an application fee, merchandise storage fee or disposal expense is assessed in connection with border measures to enforce an intellectual property right, each Party shall provide that the fee shall not be set at an amount that unreasonably xxxxxx recourse to these measures.

Special Requirements Related to Border Measures. 1. Each Party shall provide that any right holder initiating procedures for suspension by the customs authorities of applications to suspend the release of of, or to detain, any suspected counterfeit or confusingly similar trademark or pirated copyright goods1 goods that are imported into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws territory of the Party of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply sufficient information to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required shall not unreasonably deter recourse to these procedures. 2. Each Party shall provide the competent authorities with the authority to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder, at the right holder’s request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or 1 Party.116 Footnote 116 For the purposes of this Article: : (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization authorisation a trademark which that is identical to the trademark validly registered in respect of such goods, or which that cannot be distinguished in its essential aspects from such a trademark, and which that thereby infringes the rights of the owner of the trademark in question under the law of the Party of importation; providing the procedures under this Section; and (b) pirated copyright goods means any goods which that are copies made without the consent of the right holder or person duly authorized authorised by the right holder in the Party country of production and which that are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party providing the procedures under this Section. 2. Each Party shall provide that any right holder initiating procedures for its competent authorities117 to suspend release of importation. suspected counterfeit or confusingly similar trademark or pirated copyright goods into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the law of the Party providing the procedures, there is prima facie an infringement of the right holder's intellectual property right and to supply sufficient information that may reasonably be expected to be within the right holder’s knowledge to make the suspect goods reasonably recognisable by its competent authorities. Such measures The requirement to provide that information shall be used when there is reason not unreasonably deter recourse to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. 5these procedures. This Article shall be implemented no later than two years upon entry into force Footnote 117 For the purposes of this AgreementArticle, unless otherwise specified, competent authorities may include the appropriate judicial, administrative or law enforcement authorities under a Party’s law.

Special Requirements Related to Border Measures. 1. Each Party shall provide that any right holder initiating procedures pro- cedures for suspension by the customs authorities of the release of suspected counterfeit trademark or pirated copyright goods1 goods1 1 For the purposes of this Article: (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws of the Party of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply sufficient information infor- mation to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required shall not unreasonably deter recourse to these procedures. 2. Each Party shall provide the competent authorities with the authority to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination determina- tion that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder, at the right holder’s request, of the names and addresses of the consignorcon- xxxxxx, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or 1 For the purposes of this Article: (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the Party of importation; (b) pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the Party of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party of importation. right holder. Such measures mea- sures shall be used when there is reason to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. 5. This Article shall be implemented no later than two years upon entry into force of this Agreement.

Special Requirements Related to Border Measures. 1. Each Party shall provide that any right holder initiating procedures for suspension by the customs authorities of the release of suspected counterfeit trademark or pirated copyright goods1 goods (1) into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the relevant laws of the Party of importation, there is prima facie an infringement of the right holder’s 's intellectual property right and to supply sufficient information to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required shall not unreasonably deter recourse to these procedures. 2. Each Party shall provide the competent authorities with the authority powers to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority right to inform the right holder, at the right holder’s 's request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person oror right holder. Such measures shall be used when there is reason to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. 1 (1) For the purposes of this Article: : (a) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the Party of importation; ; (b) pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the Party of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party of importation. right holder. Such measures shall be used when there is reason to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. 5. This Article shall be implemented no later than two years upon entry into force of this Agreement.

Special Requirements Related to Border Measures. 1. Each Party shall provide that any right holder initiating procedures for suspension by the customs authorities of the release of suspected The special requirements related to border measures are as follow: “counterfeit trademark or pirated copyright goods1 into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws of the Party of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply sufficient information to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required goods” shall not unreasonably deter recourse to these procedures. 2. Each Party shall provide the competent authorities with the authority to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder, at the right holder’s request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or 1 For the purposes of this Article: (a) counterfeit trademark goods means mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the Party country of importation; (b) ; “pirated copyright goods means goods” shall mean any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the Party country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party country of importation. The right holderholder may apply in writing to the competent authorities, administrative or judicial, for this purpose. Such measures The right holder must have valid grounds for suspecting that the import of counterfeit trademark or pirated copyright goods may take place. Members may adopt similar procedures for infringements of other intellectual property rights. They may also provide for corresponding procedures concerning suspension by the customs authorities of the release of infringing goods destined for exportation. If customs authorities have suspended the release of goods into free circulation involving industrial designs, patents, layout designs or undisclosed information on the basis of a decision other than by a judicial or other independent authority, the owner, importer or consignee of such goods shall be used when there is reason entitled to believe or suspect that goods being importedtheir release on the posting of a security. The security amount should be sufficient to protect the right holder for any infringement. If the right holder fails to pursue the right of action within a reasonable period of time, or destined for export are counterfeit or piratedthe security will be returned. 5. This Article shall be implemented no later than two years upon entry into force of this Agreement.