(b) a Party may authorize its competent authorities to provide a right holder
with information about goods, including, but not limited to, the
description and quantity of the goods, the name and address of the
consignor, importer, exporter, or consignee, and, if known, the country of
origin of the goods, and the name and address of the manufacturer of the
goods, to assist in the determination referred to in Article 19
(Determination as to Infringement);
(c) unless a Party has provided its competent authorities with the authority
described in subparagraph (b), at least in cases of imported goods, where
its competent authorities have seized suspect goods or, in the alternative,
made a determination referred to in Article 19 (Determination as to
Infringement) that the goods are infringing, the Party shall authorize its
competent authorities to provide a right holder, within thirty days8 of the
seizure or determination, with information about such goods, including,
but not limited to, the description and quantity of the goods, the name
and address of the consignor, importer, exporter, or consignee, and, if
known, the country of origin of the goods, and the name and address of
the manufacturer of the goods.
Section 4: Criminal Enforcement
ARTICLE 23: CRIMINAL OFFENCES
1. Each Party shall provide for criminal procedures and penalties to be applied at
least in cases of wilful trademark counterfeiting or copyright or related rights piracy on
a commercial scale.9 For the purposes of this Section, acts carried out on a commercial
scale include at least those carried out as commercial activities for direct or indirect
economic or commercial advantage.
2. Each Party shall provide for criminal procedures and penalties to be applied in
cases of wilful importation 10 and domestic use, in the course of trade and on a
commercial scale, of labels or packaging:11
8 For the purposes of this Article, days means business days.
9 Each Party shall treat wilful importation or exportation of counterfeit trademark goods or pirated
copyright goods on a commercial scale as unlawful activities subject to criminal penalties under this
Article. A Party may comply with its obligation relating to importation and exportation of counterfeit
trademark goods or pirated copyright goods by providing for distribution, sale or offer for sale of such
goods on a commercial scale as unlawful activities subject to criminal penalties.
10 A Party may comply with its obligation relating to importation of labels or packaging through its
measures concerning distribution.
11 A Party may comply with its obligations under this paragraph by providing for criminal procedures
and penalties to be applied to attempts to commit a trademark offence.
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