ARTICLE 13: SCOPE OF THE BORDER MEASURES6
In providing, as appropriate, and consistent with its domestic system of
intellectual property rights protection and without prejudice to the requirements of the
TRIPS Agreement, for effective border enforcement of intellectual property rights, a
Party should do so in a manner that does not discriminate unjustifiany between
intellectual property rights and that avoids the creation of barriers to legitimate trade.
ARTICLE 14: SMALL CONSIGNMENTS AND PERSONAL LUGGAGE
1. Each Party shall include in the application of this Section goods of a commercial
nature sent in small consignments.
2. A Party may exclude from the application of this Section small quantities of
goods of a non-commercial nature contained in travellers’ personal luggage.
ARTICLE 15: PROVISION OF INFORMATION FROM THE RIGHT HOLDER
Each Party shall permit its competent authorities to request a right holder to
supply relevant information to assist the competent authorities in taking the border
measures referred to in this Section. A Party may also allow a right holder to supply
relevant information to its competent authorities.
ARTICLE 16: BORDER MEASURES
1. Each Party shall adopt or maintain procedures with respect to import and export
shipments under which:
(a) its customs authorities may act upon their own initiative to suspend the
release of suspect goods; and
(b) where appropriate, a right holder may request its competent authorities to
suspend the release of suspect goods.
2. A Party may adopt or maintain procedures with respect to suspect in-transit
goods or in other situations where the goods are under customs control under which:
(a) its customs authorities may act upon their own initiative to suspend the
release of, or to detain, suspect goods; and
6 The Parties agree that patents and protection of undisclosed information do not fall within the scope of
this Section.
E-9
Sezioni