Suspension of Release. 1. The Parties shall adopt procedures to enable a right holder, who has valid grounds for suspecting that importation or exportation of goods infringing patents, industrial designs, trademarks or copyright may take place, to lodge according to domestic laws and regulations an application in writing with the competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation of such goods.
2. The Parties shall enable their competent authorities to act upon their own initiative and suspend the release of goods according to domestic laws and regulations when they have valid grounds for suspecting that the importation or exportation of those goods would infringe patents, industrial designs, trademarks or copyright.
3. The Parties shall authorise their customs authorities to inform the right holder in order to enable the lodging of an application according to paragraph 1.
4. It is understood that there shall be no obligation to apply procedures set forth in paragraphs 1 or 2 to the suspension of the release into free circulation of goods put on the market in another country by or with the consent of the right holder.
5. In the case of the suspension pursuant to paragraphs 1 or 2, the competent authorities of the Party suspending the release of the products shall notify according to domestic laws and regulations the right holder of the suspension including necessary information available to enforce his or her rights, such as the name and addresses of the consignor or consignee, importer or exporter, as applicable, and of the quantity of the products in question.
6. Each Party shall ensure that the competent authorities, administrative or judicial, on request from the right holder, have the authority to decide that the products, the release of which has been suspended pursuant to paragraphs 1 or 2, shall be held seized until a final decision is reached in the infringement dispute.
7. Each Party shall provide that if the competent authorities have made a determination that the suspected goods infringe an intellectual property right, procedures are made available to enable the right holder to seek recovery of, and indemnify against, costs and expenses that the right holder may have incurred in connection with the exercise of rights and remedies provided in this provision.
Suspension of Release. 1. For the purposes of this Article, “intellectual property rights” refers to trademarks, copyrights, geographical indications and designs.
2. Each Party shall provide for procedures to enable a right holder, who has valid grounds for suspecting that importation of goods infringing any intellectual property right may take place, to lodge an application in writing with the competent authorities, for the suspension by the customs authorities of the release into free circulation of such goods.
3. Notwithstanding paragraphs 1 and 5, the judicial authorities of a Party shall have the authority to, upon application from a right holder, prevent the exportation of goods suspected of infringing any intellectual property rights covered by this Annex, or order the suspension of release into free circulation of such goods at import, when goods are under the control of customs or other relevant border enforcement authorities of that Party.
4. Each Party shall also provide for procedures under which a right holder may record intellectual property rights with the customs authorities, with respect to goods for import.
5. Customs authorities of each Party shall, in accordance with their domestic procedures, suspend the release of goods upon:
(a) request of a right holder, who has valid grounds for suspecting that importation of goods infringing intellectual property rights may take place, and
(b) their own initiative, if they have valid grounds for suspecting that importation of these goods would infringe intellectual property rights, Customs authorities of each Party shall promptly notify the applicant and the importer of the suspension of release.
6. Customs authorities of each Party shall use risk analysis to identify goods suspected of infringing intellectual property rights, with respect to goods for import.
7. There shall be no obligation to apply procedures under this Article to goods in transit.
8. There shall be no obligation to apply procedures under this Article to goods put on the market by or with the consent of the right holder.
Suspension of Release. The Parties shall adopt procedures to enable a right holder, who has valid grounds for suspecting that at least importation or exportation of goods infringing trademarks or copyrights may take place, to lodge an application in writing before the competent authorities, administrative or judicial, for the suspension by the customs authorities of the release of such goods.
