Suspension of Release by Customs Authorities. Members shall, in conformity with the provisions set out below, adopt procedures13 to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods14 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 of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are met. Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories.
Suspension of Release by Customs Authorities. Members shall, in conformity with the provisions set out below, adopt procedures13 to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or 12 Where a Member has dismantled substantially all controls over movement of goods across its border with another Member with which it forms part of a customs union, it shall not be required to apply the provisions of this Section at that border.
Suspension of Release by Customs Authorities. Members shall, in conformity with the provisions set out below, adopt procedures13 to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods14 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 of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are met. Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories. Any right holder initiating the procedures under Article 51 shall be required to provide adequate evidence to satisfy the competent authorities that, under the laws of the country of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply a sufficiently detailed description of the goods to make them readily recognizable by the customs authorities. The competent authorities shall inform the applicant within a reasonable period whether they have accepted the application and, where determined by the competent authorities, the period for which the customs authorities will take action.
Suspension of Release by Customs Authorities. Without prejudice to Article 20 below, contracting parties shall, in conformity with the provisions set out below, establish procedures according to which a right holder, who has valid grounds for suspecting
Suspension of Release by Customs Authorities. Members shall, in conformity with the provisions set out below, adopt procedures13 to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods14 may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspensionby the customs authorities of therelease into free circulation of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are 12Where a Member has dismantled substantially all controls over movement of goods across its border with another Member with which it forms part of a customs union, it shall not be required to apply the provisions of this Section at that border. 13It is understood that there shall be no obligation to apply such procedures to imports of goods put on the market in another country by or with the consent of the right holder, or to goods in transit. 14For the purposes of this Agreement:
Suspension of Release by Customs Authorities. 1. The Parties shall adopt procedures to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods may take place in contravention of the holder's rights, 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 of such goods. There shall be no obligation to apply such procedures to imports of goods put on the market in the other Party or in a non-Party country by or with the consent of the right holder, or to goods in transit.
2. The Parties may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of Articles 15-36 through 15-45 are met. The Parties may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories.
Suspension of Release by Customs Authorities. 第五十一条海关中止放行 Article 52: Application
Suspension of Release by Customs Authorities. Members shall, in conformity with the provisions set out below, adopt procedures13 to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods14 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 of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are 12 Where a Member has dismantled substantially all controls over movement of goods across its border with another Member with which it forms part of a customs union, it shall not be required to apply the provisions of this Section at that border.
Suspension of Release by Customs Authorities. Members shall, in conformity with the provisions set out below, adopt procedures15 to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods16 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 of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are met. Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories.
14Where a Member has dismantled substantially all controls over movement of goods across its border with another Member with which it forms part of a customs union, it shall not be required to apply the provisions of this Section at that border. 15It is understood that there shall be no obligation to apply such procedures to imports of goods put on the market in another country by or with the consent of the right holder, or to goods in transit. 16For the purposes of this Agreement:
(a) counterfeit trademark goods" shall 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 country of importation;
Suspension of Release by Customs Authorities. Members shall, in conformity with the provisions set out below, adopt procedures It is understood that there shall be no obligation to apply such procedures to imports of goods put on the market in another country by or with the consent of the right holder, or to goods in transit. to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods For the purposes of this Agreement: 제 52 조 신 청 제51조에 따른 절차를 개시하는 권리자는 권한 있는 당국에게 수입 국의 법률에 따라 자신의 지적재산권에 대한 일견 명백한 침해가 있 음을 납득시키기 위한 적절한 증거를 제공하고, 세관당국이 용이하 게 인지할 수 있도록 침해상품에 대한 충분히 상세한 설명을 제공하 도록 요구된다. 권한 있는 당국은 합리적인 기간 내에 신청인에게 신 청의 수락여부와 권한 있는 당국의 결정이 있는 경우 세관당국이 조 치를 취하는 기간을 통보한다. 제 53 조 담보 또는 동등한 보증 1. 권한 있는 당국은, 피고인과 권한 있는 당국을 보호하고 남용방지 를 위해 충분한 담보 또는 동등한 보증을 신청인이 제공하도록 요 (a) "counterfeit trademark goods" shall 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 country of importation; (b) "pirated copyright 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 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 country of importation. 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 of such goods. Members may enable such an application to be made in respect of goods which 구하는 권한을 갖는다. 이러한 담보 또는 동등한 보증이 동 절차 의 이용을 부당히 억제하여서는 아니 된다. 2. 이 절에 의한 신청에 따라 의장, 특허, 배치설계 또는 미공개된 정 보를 포함하는 상품의 자유로운 유통으로의 반출이 사법 혹은 다 른 독립적 당국외의 결정에 기초하여 세관당국에 의해 정지되고, 정당하게 권한 있는 당국의 잠정구제의 부여 없이 제55조에 규정 된 기간이 경과하고, 수입에 관한 그 밖의 모든 조건이 충족된 경 우에는 이러한 상품의 소유자, 수입자, 혹은 수탁자는 침해로부터 권리자를 보호할 수 있는 충분한 액수의 담보를 예치하고 상품을 반출할 수 있는 권리가 있다. 이러한 담보의 지불은 권리자에게 이용 가능한 다른 구제를 저해하지 아니하며, 담보는 권리자가 합 리적인 기간 내에 제소권을 행사하지 못하는 경우에 반환되는 것 으로 양해된다. involve other infringements of intellectual property rights, provided that the requirements of this Section are met. Members may also provide for corresponding procedures concerning the sus...
