Disposal of infringing imported goods allows destruction or controlled disposal, bars unaltered re-export, and permits sample retention for evidence. Infringing imported goods, once determined by the competent customs officer to violate intellectual property rights and confiscated, may be destroyed under official supervision or disposed of outside normal channels of commerce if no legal proceedings are pending. Disposal requires the right holder's concurrence, which is deemed if no response is given within the prescribed period. The right holder bears destruction, demurrage and detention costs. Re-export in an unaltered state is prohibited, and samples may be retained for evidentiary use in pending or future litigation.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Disposal of infringing imported goods allows destruction or controlled disposal, bars unaltered re-export, and permits sample retention for evidence.
Infringing imported goods, once determined by the competent customs officer to violate intellectual property rights and confiscated, may be destroyed under official supervision or disposed of outside normal channels of commerce if no legal proceedings are pending. Disposal requires the right holder's concurrence, which is deemed if no response is given within the prescribed period. The right holder bears destruction, demurrage and detention costs. Re-export in an unaltered state is prohibited, and samples may be retained for evidentiary use in pending or future litigation.
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