Application process: Action to be taken upon detection of goods suspected of infringing an IPR where an extant application exists
Upon detection, and provided the case officer is satisfied there are grounds to suspect that they infringe an IPR, the goods should be formally detained, the declarant informed and information concerning the consignment as set out in Section 3120 provided to the right-holder.
The right holder may request a sample or examine the goods on site. The importer is also allowed, on request, to inspect the goods;
The right-holder has 10 working days (three working days in the case of perishable items), from the date of receipt of notification of the detention, to reach an agreement to abandon the goods or to initiate legal proceedings to determine whether an intellectual property right has been infringed.
A further extension of a maximum of 10 working days (except in the case of perishable items for which no extension is permitted) is allowable, upon request, where circumstances warrant. Note however that in the absence of Court proceedings the goods cannot be detained for intellectual property purposes beyond a total of 20 working days.