(b) where appropriate, a right holder may request its competent authorities to
suspend the release of, or to detain, suspect goods.
Article 17: APPLICATION BY THE RIGHT HOLDER
1. Each Party shall provide that its competent authorities require a right holder that
requests the procedures described in subparagraphs l(b) and 2(b) of Article 16 (Border
Measures) to provide adequate evidence to satisfy the competent authorities that, under
the law of the Party providing the procedures, there is prima facie an infringement of
the right holder's intellectual property right, and to supply sufficient information that
may reasonably be expected to be within the right holder’s knowledge to make the
suspect goods reasonably recognizable by the competent authorities. The requirement
to provide sufficient information shall not unreasonably deter recourse to the procedures
described in subparagraphs l(b) and 2(b) of Article 16 (Border Measures).
2. Each Party shall provide for applications to suspend the release of, or to detain,
any suspect goods7 under customs control in its territory. A Party may provide for such
applications to apply to multiple shipments. A Party may provide that, at the request of
the right holder, the application to suspend the release of, or to detain, suspect goods
may apply to selected points of entry and exit under customs control.
3. Each Party shall ensure that its competent authorities inform the applicant within
a reasonable period whether they have accepted the application. Where its competent
authorities have accepted the application, they shall also inform the applicant of the
period of validity of the application.
4. A Party may provide that, where the applicant has abused the procedures
described in subparagraphs l(b) and 2(b) of Article 16 (Border Measures), or where
there is due cause, its competent authorities have the authority to deny, suspend, or void
an application.
ARTICLE 18: SECURITY 0R EQUIVALENT ASSURANCE
Each Party shall provide that its competent authorities have the authority to
require a right holder that requests the procedures described in subparagraphs l(b) and
2(b) of Article 16 (Border Measures) to provide a reasonable security or equivalent
assurance sufficient to protect the defendant and the competent authorities and to
prevent abuse. Each Party shall provide that such security or equivalent assurance shall
not unreasonably deter recourse to these procedures. A Party may provide that such
security may be in the form of a bond conditioned to hold the defendant harmless from
any loss or damage resulting from any suspension of the release of, or detention of, the
7 The requirement to provide for such applications is subject to the obligations to provide procedures
referred to in subparagraphs l(b) and 2(b) of Article 16 (Border Measures).
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