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Subject IPR's Protection in Customs Law(4) - The Holding of a Customs Clearance
No 17 Name IP_Park Date 2003/10/31 16:12:16 Homepage http://www.ippark.com
 
4.The Holding of a Customs Clearance

1) Request

The interested party of a trademark right or copyright who wishes to request the holding of a customs clearance on goods involved should file at the relevant customs house a request document which contains descriptions on the title of goods, quantity, importer/exporter, importing/exporting country, and contents/scope of trademark right or copyright, etc.. Other necessary documents to be filed are as follows:

-a certified copy of the Trademark Register (in case of copyright, documents evidencing the creation of the copyright may be filed);
-the relevant documents or information verifying the infringement (photo, catalogue, or sample, etc.); and
-the document offering security with an affidavit to the effect that the security offered may be used to compensate for the possible damages to the importer/exporter due to the above request in compliance with the court's judgement.

2) When the requesting party wishes to make an additional request to other customs houses, the party should submit the relevant documents to other customs houses except for the document offering collateral. In this case, the relevant customs director should send those documents to another customs house designated by the requesting party.

3) The request should be made before a customs clearance date within twenty (20) days retroactive to the following date;

-in case of imported goods, the date scheduled to bring in the goods to Korea; and
-in case of exporting goods, the date scheduled to report the export of goods

4) The requesting party, on request, should offer the amount covering 120% of the taxable price of goods involved as security to the relevant custom director. However, if the taxable price cannot be fixed, the presumed value may be offered as security.

5) When the goods involved are deemed to be infringing the reported trademark right, the customs director should hold a customs clearance thereon. In this case, he should notify the Commissioner of Customs, the relevant customs director, the requesting party, and the importer/exporter of this deferring without delay.

6) The deferring period basically should be for ten(10) days from the requesting party's receipt of the above notice, but the relevant customs director may continue to hold a customs clearance on the goods involved within this period when the requesting party verifies the bringing of a lawsuit or informs the relevant customs director of the decision of the court's preliminary injunction which will result to continue the deferring of goods.

When the above period is extended, the customs director should promptly notify this fact to the requesting party and importer/exporter in writing, and when not extended, he should notify them of the cancellation of the deferring.

The goods on which customs clearance is held should be put at the designated place till a customs clearance is allowed.

If it is necessary, to decide trademark infringement, the Commissioner of Customs Service can request the interested party to provide an IP specialty or inspection equipment.
 
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