TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY (TRIPS)

PART III — Enforcement of Intellectual Property Rights

SECTION 4: SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES12

Article 51 – 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.

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:
(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.

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