goods in the event the competent authorities determine that the goods are not infringing.
A Party may, only in exceptional circumstances or pursuant to a judicial order, permit
the defendant to obtain possession of suspect goods by posting a bond or other security.
ARTICLE 19: DETERMINATION AS TO INFRINGEIVIENT
Each Party shall adopt or maintain procedures by which its competent
authorities may determine, within a reasonable period after the initiation of the
procedures described in Article 16 (Border Measures), whether the suspect goods
infringe an intellectual property right.
ARTICLE 20: REMEDIES
1. Each Party shall provide that its competent authorities have the authority to
order the destruction of goods following a determination referred to in Article 19
(Determination as to Infringement) that the goods are infringing. In cases where such
goods are not destroyed, each Party shall ensure that, except in exceptional
circumstances, such goods are disposed of outside the channels of commerce in such a
manner as to avoid any harm to the right holder.
2. In regard to counterfeit trademark goods, the simple removal of the trademark
unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit
release of the goods into the channels of commerce.
3. A Party may provide that its competent authorities have the authority to impose
administrative penalties following a determination referred to in Article 19
(Determination as to Infringement) that the goods are infringing.
ARTICLE 21: FEES
Each Party shall provide that any application fee, storage fee, or destruction fee
to be assessed by its competent authorities in connection with the procedures described
in this Section shall not be used to unreasonably deter recourse to these procedures.
ARTICLE 222 DISCLOSURE OF INFORMATION
Without prejudice to a Party’s laws pertaining to the privacy or confidentiality
of information:
(a) a Party may authorize its competent authorities to provide a right holder
with information about specific shipments of goods, including the
description and quantity of the goods, to assist in the detection of
infringing goods;
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