Article 58: Ex Officio Action (TRIPS Agreement) | IntelLaw | August 19, 2014

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Article 58: Ex Officio Action (TRIPS Agreement)

Where Members require competent authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired prim a facie evidence that an intellectual property right is being infringed:

(a) the competent authorities may at any time seek from the right holder any information that may assist them to exercise these powers;

(b) the importer and the right holder shall be promptly notified of the suspension. Where the importer has lodged an appeal against the suspension with the competent authorities, the suspension shall be subject to the conditions, mutatis mutandis, set out at Article 55;

(c) Members shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith.

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August 19, 2014

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