If the proprietor of the trade mark, the licensee entitled to institute proceedings, the person entitled to use an indication of source or a party entitled to institute proceedings in accordance with Article 56 has clear indications that goods unlawfully bearing a trade mark or an indication of source are about to be brought into or taken out of the customs territory of Switzerland, that person 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. 72c –72h ); or
in accordance with the simplified procedure (Art. 72i ) 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 72 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 shall take the final decision on the application. It may charge a fee to cover the administrative costs.
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