Commentaries: Art. 77

If, as a result of an application for assistance in accordance with Article 76 paragraph 1, the FOCBS has grounds to suspect that transporting the goods into or out of the customs territory may violate the legislation on copyright and related rights applicable in Switzerland, it shall:
1. detain the goods; and
2. notify the applicant and the declarant, holder or owner of the goods.
If an application for the destruction of small consignments (Art. 76 para. 2 let. b) was submitted with the application for assistance in accordance with Article 76 paragraph 1, the procedure shall be governed exclusively by Article 77h ^bis.
The FOCBS shall detain the goods for a maximum of ten working days from the date on which the applicant received the notification in accordance with paragraph 1 letter b so that the applicant may obtain preliminary measures.
Where justified by the circumstances, it may detain the goods for a maximum of ten additional working days.
If the consignment is small, the FOCBS may transfer responsibility for the notification in accordance with paragraph 1 letter b and the further procedural steps to the IPI.