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shall be released for circulation, provided that all other import-related conditions
have been met.
The customs administration may, if it deems appropriate, extend the duration of
the suspension by a maximum of 10 working days.
The court may extend this duration by the number of days it deems reasonable in
the case in question.
Article 446: If the proceedings leading to a decision on the merits have been instituted, the
court or the customs administration, depending on which of the two is the
authority that decided to suspend the release for circulation of goods that are
presumed to infringe an intellectual property right, shall review its decision, at
the request of the defendant, with a view to deciding whether these measures
must be amended, revoked or upheld.
Article 447: In the event that the suspension of the release for circulation of the goods is
upheld in accordance with a provisional measure ordered by the court, the court
shall set the duration of the extension of suspension. If no term is set, such
extension must not exceed 20 working days.
Section 6: Destruction of goods
Article 448: If the conditions provided for in Article 423 have been met, the court shall order,
without compensation, the destruction of the goods infringing a right or their
exclusion from commercial channels in order to avoid any injury to the right
holder.
Article 449: The following acts shall not be authorized:
- re-export of goods which infringe an industrial property right in their present
state;
- mere withdrawal of the mark affixed to counterfeit goods without
authorization, barring exceptional cases;
- submission of the goods to a different customs procedure.
Chapter III: Common provisions
Article 450: Goods which are not of a commercial nature and are contained in small
quantities in the personal luggage of travelers or sent in small consignments may
be excluded from the suspension of release for free circulation.
Article 451: The provisions of this Law concerning border measures shall not apply to goods
in transit in the territory of Burundi.
Article 452: The injured party may lodge an appeal against any decision or measure taken by
the customs administration with regard to the suspension of the release for free