If the right holder or a licensee of a filed design entitled to initiate proceedings has clear indications that unlawfully manufactured items are about to be brought into or taken out of the customs territory, he may request the FOCBS in writing to refuse the release of the items.
The person filing the application (applicant) may at the same time request in writing that the items be destroyed:
in accordance with the ordinary procedure (Art. 48c –49); or
in accordance with the simplified procedure (Art. 49a ) if the consignment is small.
In the application in accordance with paragraph 2, applicants may request that the items be handed over to them so that they can destroy the items 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 48 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 items.
The FOCBS makes the final decision on the application. It may charge a fee to cover the administrative costs.
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