Commentaires: 77hbis

The FOCBS shall detain goods if the consignment is small and:
1. based on an application for assistance in accordance with Article 76 paragraph 1, it 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; and
2. an application for the destruction of small consignments (Art. 76 para. 2 let. b) has been submitted.
It may transfer responsibility for conducting the further procedure to the IPI.
The competent authority shall provide the declarant, holder or owner of the goods with notification of the suspicion and of the detained goods and inform him that the goods will be destroyed if he does not expressly object to the destruction within ten working days of receiving this notification.
If the declarant, holder or owner expressly objects to the destruction within the time limit specified in paragraph 3, the competent authority shall notify the applicant accordingly. The further procedure shall be governedmutatis mutandis by Articles 77 paragraphs 3 and 4, 77a , 77b and 77h .
If the declarant, holder or owner agrees to the destruction or does not give an opinion within the time limit specified in paragraph 3, the competent authority shall destroy the goods at the applicant’s expense no earlier than three months after the notification specified in paragraph 3 or hand them over to the applicant for destruction if the applicant has requested this in accordance with Article 76 paragraph 3. Claims for damages by the applicant against the declarant, holder or owner are excluded.
The competent authority shall provide the applicant with information about the quantity and type of the goods destroyed in accordance with paragraph 5 and about the senders, whether inside or outside Switzerland.