If the proprietor of the patent or the licensee that is entitled to institute proceedings has clear indications that goods which infringe a patent valid in Switzerland are about to be brought into or taken out of Swiss customs territory, the proprietor or licensee 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. 86f –86k ); or
in accordance with the simplified procedure (Art. 86l ) if the consignment is small.
In the application in accordance with paragraph 2, applicants may request that the goods be handed over to them so that they can destroy the goods 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 86c 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 make the final decision on the application. It may charge a fee to cover the administrative costs.
0 commentaries
No commentaries are available for this article yet.