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Subject |
IPR's Protection in Customs Law(6) - The Permit of a Customs Clearance |
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19 |
Name |
IP_Park |
Date |
2003/10/31 16:13:54 |
Homepage |
http://www.ippark.com |
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6. The Permit of a Customs Clearance
1)The permit of a customs clearance
The customs director may permit a customs clearance on goods involved if they fall under any of the following:
- The goods which are decided not to be infringing the IPR by his own investigation;
- the goods which are judged not to be infringing the IPR by the court;
- the goods on which within the deferring period the requesting party does not verify the bringing of a lawsuit or does not inform the relevant customs director of the decision of the court's preliminary injunction which demands continuance of the deferring of goods other than the counterfeit goods;
- the goods on which the importer/exporter demands the permit of a customs clearance other than the counterfeit goods;
- the goods on which the deferring period is terminated other than the counterfeit goods; and
- the goods on which the importer/exporter requests the customs director to continue requiring the security and use the security for compensating the other party for damages due to a customs clearance in case the infringement is not obvious, and it is most likely to inflict the unrepairable damages on importer/exporter if the holding of goods is continued.
2) Return of the security offered
The customs director should return the security offered to the offerer if the goods fall under any of the following:
- The goods on which a customs clearance is decided (in case a lawsuit is brought to the court, the security furnished by the importer/exporter may not be returned till the final and conclusive judgement is made.);
- the goods on which the holding of a customs clearance is requested, but which are not brought into Korea within thirty(30) days from the request or in which the export is not reported to the customs house during the same period; and
- the goods which are confirmed to be counterfeit goods. |
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