TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY (TRIPS)

PART III — Enforcement of Intellectual Property Rights

SECTION 4: SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES12

Article 52 – Application

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.

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.

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