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With 168 votes in favor and 0 abstentions, he approved on Wednesday the federal law on the introduction of a simplified procedure for the destruction of small shipments under intellectual property law. Today, more than 90 percent of suspect goods are found in small shipments of three items or less.
Nowadays, counterfeit goods can only be destroyed with great effort, even if the cases are small. In most cases, this effort turns out to be unnecessary because those who ordered the goods do not oppose the destruction.
Customs has reached its capacity limit
The Federal Office for Customs and Border Protection, which has now reached its capacity limits, will benefit from the simplified procedure, Justice Minister Elisabeth Baume-Schneider (59) said in the council. The Intellectual Property Institute will now be responsible for the simplified and regular procedure.
Intellectual property rights owners should now be able to request that they be informed of the seizure of the suspect goods only if the buyer objects to the destruction. This allows both customs and rights holders to save procedural steps and thus reduce administrative burden.
Buyer’s rights not limited
The buyer’s rights may not be limited, as the Federal Council writes. You can still oppose the destruction and apply for a judicial review. However, the simplified procedure has the advantage for them that they cannot subsequently be prosecuted by the right holder.
To avoid the risk of damage if the destruction later turns out to be unjustified, the destruction must take place at the earliest three months after notification of the retained goods. The import of goods that violate intellectual property rights must go unpunished.
The proposal now goes to the Council of States. (SDA)
Source:Blick
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