Strona:PL - ACTA wniosek z 2012-01-18.pdf/63

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SECTION 3
BORDER MEASURES[1] [2]



ARTICLE 13
Scope of the Border Measures[3]

In providing, as appropriate, and consistent with its domestic system of intellectual property rights protection and without prejudice to the requirements of the TRIPS Agreement, for effective border enforcement of intellectual property rights, a Party should do so in a manner that does not discriminate unjustifiably between intellectual property rights and that avoids the creation of barriers to legitimate trade.

ARTICLE 14
Small Consignments and Personal Luggage

1. Each Party shall include in the application of this Section goods of a commercial nature sent in small consignments.

2. A Party may exclude from the application of this Section small quantities of goods of a non-commercial nature contained in travellers' personal luggage.

ARTICLE 15
Provision of Information from the Right Holder

Each Party shall permit its competent authorities to request a right holder to supply relevant information to assist the competent authorities in taking the border measures referred to in this Section. A Party may also allow a right holder to supply relevant information to its competent authorities.

ARTICLE 16
Border measures

1. Each Party shall adopt or maintain procedures with respect to import and export shipments under which:

(a) its customs authorities may act upon their own initiative to suspend the release of suspect goods; and
(b) where appropiate, a right holder may request its competent authorities to suspend the release of suspect goods.


2. A Party may adopt or maintain procedures with respect to suspect in-transit goods or in other situations where the goods are under customs control under which:

(a) its customs authorities may act upon their own initiative to suspend the release of, or to detain, suspect goods; and
(b) where appropriate, a right holder may request its competent authorities to suspend the release of, or to detain, suspect goods.


  1. ↑ Where a Party has dismantled substantially all controls over movement of goods across its border with another Party with which it forms part of a customs union, it shall not be required to apply the provisions of this Section at that border.
  2. ↑ It is understood that there shall be no obligation to apply the procedures set forth in this Section to goods put on the market in another country by or with the consent of the right holder.
  3. ↑ The Parties agree that patents and protection of undisclosed information do not fall within the scope of this Section.
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