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suspension or detention remains in force for an appropriate period with 2. A Party may adopt or maintain procedures with respect to export
a view to minimising the administrative burden on right holders. shipments under which its competent authorities may act upon
their own initiative to suspend the release of suspected pirated
copyright goods or counterfeit trademark goods. That Party shall
Article 11.67: Security or Equivalent Assurance provide that where its competent authorities act upon their own
initiative, the exporter and the right holder shall be promptly
Each Party shall provide that its competent authorities shall have the notified of the suspension.
authority to require a right holder initiating procedures referred to in
Article 11.65 (Suspension of the Release of Suspected Pirated Copyright 3. Each Party shall only exempt both public authorities and officials
Goods or Counterfeit Trademark Goods by Right Holder’s Application) from liability to appropriate remedial measures where actions are
to provide a security or equivalent assurance sufficient to protect the taken or intended in good faith.
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 11.70: Information Provided by Right Holders to Competent
Authorities in Case of Ex Officio Action

Article 11.68: Information Provided by Competent Authorities to Each Party shall provide that its competent authorities shall have the
Right Holders authority, where they act on their own initiative, to request a right holder
to supply relevant information to assist the competent authorities in
Without prejudice to a Party’s laws and regulations pertaining to the taking the border measures referred to in this Subsection. A Party may
confidentiality of information, where its competent authorities have also allow a right holder to supply relevant information to its competent
detained or suspended the release of goods that are suspected of being authorities.
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 Article 11.71: Infringement Determination within Reasonable Period
consignee; a description of the goods; the quantity of the goods; and, if by Competent Authorities
60
known, the country of origin of the goods.
Each Party shall adopt or maintain procedures under which its
competent authorities may determine, within a reasonable period after
Article 11.69: Suspension of the Release of Suspected Pirated the initiation of the procedures described in Article 11.65 (Suspension of
Copyright Goods or Counterfeit Trademark Goods by Ex Officio the Release of Suspected Pirated Copyright Goods or Counterfeit
Action Trademark Goods by Right Holder’s Application) and Article 11.69
(Suspension of the Release of Suspected Pirated Copyright Goods or
1. Each Party shall adopt or maintain procedures with respect to Counterfeit Trademark Goods by Ex Officio Action), whether suspected
import shipments under which its competent authorities may act pirated copyright goods or counterfeit trademark goods are infringing
upon their own initiative to suspend the release of suspected intellectual property rights.
59
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.

60 A Party may comply with the obligation under this Article with respect to a
59 A Party may comply with this obligation on the basis that its competent authorities determination that suspected goods under Article 11.69 (Suspension of the Release of
have reasonable cause to believe that the goods are pirated copyright goods or Suspected Pirated Copyright Goods or Counterfeit Trademark Goods by Ex Officio
counterfeit trademark goods. Action) infringe an intellectual property right through a determination that the suspected
goods bear a false trade description.

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