Suspension of clearance of imported goods triggers investigation when rights are alleged, requiring notice or customs' prima facie belief. Suspension of clearance is authorised where customs officers, on notice from a right holder or on their own prima facie belief, suspect imported goods infringe intellectual property rights; officers must promptly notify importer and right holder of reasons. If the right holder does not join proceedings within prescribed working-day periods (subject to authorised extensions) the goods will be released provided other Customs Act import conditions are met; shorter timelines and limited extensions govern perishable goods. Customs may seek right holder assistance and, if the right holder joins and customs believes goods are infringing and liable to confiscation, may seize them under the Customs Act.
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Provisions expressly mentioned in the judgment/order text.
Suspension of clearance of imported goods triggers investigation when rights are alleged, requiring notice or customs' prima facie belief.
Suspension of clearance is authorised where customs officers, on notice from a right holder or on their own prima facie belief, suspect imported goods infringe intellectual property rights; officers must promptly notify importer and right holder of reasons. If the right holder does not join proceedings within prescribed working-day periods (subject to authorised extensions) the goods will be released provided other Customs Act import conditions are met; shorter timelines and limited extensions govern perishable goods. Customs may seek right holder assistance and, if the right holder joins and customs believes goods are infringing and liable to confiscation, may seize them under the Customs Act.
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