If owners or licensees of copyright or related rights that are entitled to institute proceedings or authorised collective rights management organisations have clear indications that goods are about to be brought into or taken out of the customs territory whose distribution would violate legislation applicable in Switzerland on copyright or related rights, they may request the FOCBS in writing to refuse the release of the goods.
Applicants may at the same time apply in writing for the goods to be destroyed:
in accordance with the ordinary procedure (Art. 77c –77h ); or
in accordance with the simplified procedure (Art. 77hbis) if the consignment is small.
In the application in accordance with paragraph 2, they may request that the goods be handed over to them so that they can destroy them themselves.
The application in accordance with paragraph 2 letter a must not result in the time limits for obtaining preliminary measures in accordance with Article 77 paragraphs 3 and 4 being extended.
The Federal Council shall determine what constitutes a small consignment, taking into account in particular the number of units contained in a consignment.
Applicants shall provide all the information available to them that the FOCBS requires in order to be able to decide on the application; this shall include a precise description of the goods.
The FOCBS makes the final decision on the application. It may charge a fee to cover the administrative costs.
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