The Customs Law was passed on June 29, 2001, came into force on January 1, 2002 and was amended in June 2005.
The section 5 of the Customs Law is devoted to intellectual property. It contains 3 articles (articles 57, 58 and 59) setting up the conditions of the customs procedures completion’s temporary postponement for intellectual property rights. Article 57 explains in which case a temporary postponement can be requested to the Customs office, that is to say when the holder of an intellectual property right thinks he is victims of an infringement upon this same protected right.
He has however to satisfy the conditions of article 58 to obtain the postponement. Thus, the holder of the intellectual property right has to send a written request to the Customs office along with evidences of the ownership and of the infringement. Article 58 finally provides that enquirers shall pay a security deposit to the Customs office to prevent wrong requests of postponement.
