| Trademark Act Article 74Nov. 30, 2016 |
|---|
Release of security If a final judgment of the court holds that the detained articles do not infringe trademark rights, the applicant shall compensate the owner of detained articles for injury caused to them through wrongful detention of articles or provision of a security as prescribed in Paragraph 4 of Article 72. The applicant shall enjoy the same right as a pledgee in relation to the security as prescribed in Paragraph 4 of Article 72. The owner of detained articles shall enjoy the same right as a pledgee in relation to the security as prescribed in Paragraph 2 of Article 72. However, all relevant expenses incurred as a result of the delay of containers, warehousing, loading, and unloading of the detained articles as prescribed in Paragraph 4 of the preceding article and Paragraph 5 of Article 72 shall be paid prior to compensate the applicant or the owner of detained articles for injury. Customs shall release the security as prescribed in Paragraph 2 of Article 72 upon request by the applicant in any of the following: (1) where the security is no longer required as the applicant has either obtained a final judgment in his/her favor or reached a settlement with the owner of detained articles; Customs shall release the security as prescribed in Paragraph 4 of Article 72 upon request by the owner of detained articles in any of the following: |
| Trademark Act Article 72Nov. 30, 2016 |
|---|
Application to Customs for detention A proprietor of a registered trademark may file an application to Customs for detention of articles that are suspected of infringing the rights in the trademark. Any application referred to in the preceding paragraph shall be filed in writing, accompanied by a statement of the facts of the infringement and a security in an amount equivalent to the duty-paid price of the imported articles or the F.O.B. price of the exported articles, assessed by Customs, or equivalent assurance. Customs shall immediately give a notice to the applicant once the application for detention is admitted; if suspected articles are detained because the application conforms to the preceding paragraph, Customs shall give a notice to the applicant and the owner of detained articles in writing. The owner of detained articles may request Customs to revoke the detention on provision of a security equivalent to two times the security referred to in the Paragraph 2 or equivalent assurance while following the procedures in accordance with applicable Customs Regulations on import and export articles clearance. Where the applicant is awarded a final judgment of the court stating that the detained articles have infringed trademark rights, the owner of detained articles shall be liable for all relevant expenses incurred as a result of the delay of containers, warehousing, loading, and unloading of the detained articles. Details > |
| Trademark Act Article 73Nov. 30, 2016 |
Revocation of detention Customs shall revoke the detention if any of the following exists: (1) within a period of twelve days after the applicant has been served notice of admission of the application, Customs has not been informed that proceedings claiming that the detained articles are infringing articles pursuant to Article 69 have been initiated by the applicant; If the detention is revoked pursuant to Paragraph 1, Customs shall follow the procedures in accordance with applicable Customs Regulations on import and export articles clearance. Where the detention is revoked pursuant to Subparagraphs 1 to 4 of Paragraph 1, the applicant shall be liable for all relevant expenses incurred as a result of the delay of containers, warehousing, loading, and unloading of the detained articles. Details > |
Instructions: Separate keywords by " " or "&"
Provided by Kingdoms Law