Trademark Act Article 75

Suspension of release upon Customs’ own initiativeWhere Customs acts upon its own initiative and finds that imported or exported articles in respect of which it has acquired prima facie evidence that a trademark right is likely to be infringed, Customs shall give a notice to the proprietor of the trademark and the importer/exporter.In giving the notice referred to in the preceding paragraph, Customs shall specify a period for the proprietor of the trademark to identify the infringement and furnish proof of infringement, and Customs shall also specify a period for the importer/exporter to furnish proof of non-infringement. However, the period may be extended once only at the request of the proprietor of the trademark or the importer/exporter to Customs in writing, stating legitimate reasons for failure to furnish proof.If proof of infringement has been furnished by the proprietor of the trademark and proof of non-infringement has not been furnished by the importer/exporter pursuant to the preceding paragraph, Customs may suspend the release of such articles.If proof of infringement has been furnished by the proprietor of the trademark and proof of non-infringement has been furnished by the importer/exporter pursuant to Paragraph 2, Customs shall give a notice to the proprietor that he/she may, within three working days after the notice is given, file an application for detention pursuant to Paragraph 1 of Article 72.If the proprietor did not file within the period prescribed in the preceding paragraph an application for detention pursuant to Paragraph 1 of Article 72, Customs may release the articles after retaining a representative sample.