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Section 3: Security
Article 440: The court may require the right holder to post a bond or any other equivalent
guarantee for:
- fulfilling all obligations towards third parties affected by the border measures
once the border measures have ended further to an act or omission by the
right holder or it transpires subsequently that the goods in question do not
infringe an industrial property right;
- paying the costs of the storage of the goods by the customs administration;
- preventing abuses.
The security or equivalent guarantee must not unduly discourage recourse to the
procedure for suspension of the release of goods for free circulation.
Section 4: Procedure for suspension of customs clearance and the free circulation of
goods
Article 441: The decision of the court to suspend the release for free circulation of the goods
which are presumed to infringe the rights shall be taken within the framework of
the procedure covered in Article 408 and may be rendered, in accordance with
Article 409, without giving the opposing party an opportunity to be heard.
In its decision, the court shall specify the time frame within which the customs
administration must act.
Article 442: The court shall notify, without delay to the customs administration which is
responsible for the measures to be taken with regard to the goods that are
presumed to infringe a right, its decision granting the holder’s request.
Article 443: The customs administration, on a decision by the court, shall suspend the
procedures for customs clearance and the release for free circulation of the
goods suspected of infringing the industrial property rights, in accordance with
Articles 383 to 401.
Article 444: The court may order the complainant to pay the importer, the consignee and the
owner of the goods appropriate compensation for any injury suffered through the
wrongful detention of goods or the detention of the goods released for
circulation further to a failure to institute the proceedings leading to a decision
on the merits of the case in accordance with Article 445.
Section 5: Proceedings on the merits of the case
Article 445: If, within a period of 10 working days after the complainant has been notified of
the suspension of the release for free circulation of the goods, no proceedings
leading to a decision on the merits have been instituted by a party other than the
defendant and the customs administration has decided to suspend the release for
free circulation of the goods and has not been notified accordingly, the goods