Page 406 - Regional Comprehensive Economic Partnership (RCEP)

suspension or detention remains in force for an appropriate period with
a view to minimising the administrative burden on right holders.

Article 11.67: Security or Equivalent Assurance

Each Party shall provide that its competent authorities shall have the
authority to require a right holder initiating procedures referred to in
Article 11.65 (Suspension of the Release of Suspected Pirated Copyright
Goods or Counterfeit Trademark Goods by Right Holder’s Application)
to provide a security or equivalent assurance sufficient to protect the
defendant and the competent authorities and to prevent abuse. Each
Party shall provide that the security or equivalent assurance shall not
unreasonably deter recourse to these procedures.

Article 11.68: Information Provided by Competent Authorities to
Right Holders

Without prejudice to a Party’s laws and regulations pertaining to the
confidentiality of information, where its competent authorities have
detained or suspended the release of goods that are suspected of being
pirated copyright goods or counterfeit trademark goods, that Party may
provide that its competent authorities have the authority to inform the
right holder of the name and address of the consignor, importer, or
consignee; a description of the goods; the quantity of the goods; and, if
known, the country of origin of the goods.

Article 11.69: Suspension of the Release of Suspected Pirated
Copyright Goods or Counterfeit Trademark Goods by Ex Officio
Action

1. Each Party shall adopt or maintain procedures with respect to
import shipments under which its competent authorities may act
upon their own initiative to suspend the release of suspected
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pirated copyright goods or counterfeit trademark goods. Each
Party shall provide that where its competent authorities act upon
their own initiative, the importer and the right holder shall be
promptly notified of the suspension.

59 A Party may comply with this obligation on the basis that its competent authorities
have reasonable cause to believe that the goods are pirated copyright goods or
counterfeit trademark goods.

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