1 
 Chapter 15 of the Act on Customs Duties and Movement of Goods 
(Customs Act) of 21 December 2007 No. 119  
 
 
Chapter 15  Detention of goods that violate intellectual property rights  
 
Section 15 -1 Notice and detention of goods prior to a preliminary order   
 (1) The customs authorities may, notwithstanding the duty of confidentiality, notify the 
rightholder if there is reasonable suspicion that the importation or exportation of goods subject to 
customs treatment will constitute an infringement of an intellectu al property right as mentioned in the 
Dispute Act Section  28A-1 third paragraph first sentence. In addition to the grounds for the suspicion, 
the notification shall al so, insofar as this information is known to the customs authorities, state the 
names and addresses of the sender and consignee, the origin of the goods, and the nature and number 
of the goods.  The customs authorities may detain the goods for up to ten wor king days reckoned from 
the date notification was given.  
 (2) The consignee or its representative shall be notified when the customs authorities notify 
the rightholder or detain goods pursuant to subsection (1).   
 (3) This chapter applies correspondingly  to the importation or exportation of goods that violate 
the Marketing Control Act Section  30, and to the importation or exportation of goods that violate the 
Marketing Control Act Sections 25  and 26, when the violation consists of copying anoth er person's 
product, distinguishing mark, advertising materials or other produced items.  
 (4) The ministry may issue regulations to the effect that rights holders shall be encouraged to 
give the customs authorities information with a view to uncovering go ods as mentioned in the first 
paragraph, and about who is to be notified on behalf of the rightholder.  
  
 
Section 15 -2 Preliminary order  
 (1) Preliminary orders to protect intellectual property rights pursuant to section 34 -7 of the 
Civil Disputes Act shall state what goods the customs authorities  are to detain and for how long the 
customs authorities  shall seek to identify such goods. The c ourt shall notify the customs authorities  of 
any preliminary order. If the plaintiff is ordered to furnish the owner or consignee of the goods with 
security for possible compensatory damages, the customs authorities  shall only be informed once the 
plaintif f has furnished such security. In its notification the court shall include any additional 
information about the goods of which it is aware and which can help the customs authorities  to 
identify goods which are to be detained.  
 (2) Where the customs author ities have received notification from the district court requiring 
them to withhold specified goods from release, the customs authorities  shall seek to identify such 
goods that are received for customs treatment.   
 (3) The Ministry may make regulations co ncerning the customs authorities ’ control of goods 
that are to be detained to protect intellectual property rights pursuant to this section.  
Section 15 -3 Notification etc. in the event of detention of goods  
 (1) Where the customs authorities have identifi ed goods that are to be detained on the basis of 
a preliminary order, they shall immediately notify the district court, the plaintiff, the consignee of the 
goods and, if applicable, the person who represents the consignee vis -à-vis the customs authorities,  or 
who has charge of the goods upon importation on behalf of the consignee.  The notification shall state 
that the goods are detained in accordance with the preliminary order until the court or the plaintiff 
decides otherwise, or the court sends word that  the measure has been lifted with final and legally 
enforceable effect or has lapsed. The notification to the plaintiff shall, insofar as it is available to the 
customs authorities, also contain information about the consignor, the consignee and the goods as 
mentioned in Section 15 -1 first paragraph second sentence.   
 (2) When the court receives notification from the customs authorities pursuant to the first 
paragraph, it shall immediately set a short time limit for the plaintiff to bring action against th e 
consignee of the goods regarding the claim that the preliminary order is intended to protect, unless the 2 
 court has already set such a time limit. If the preliminary order has been decided without an oral 
hearing being convened, the consignee of the goods  and any other person affected by the preliminary 
order may request a subsequent oral hearing pursuant to the Dispute Act Section  32-8.  
 (3) The customs authorit ies may upon request order that  the rightholder, the consignee or its 
representative shall be entitled, at the customs authorities' premises, to examine goods detained 
pursuant to Section 15 -1 first paragraph, or on the basis of a preliminary order. The c ustoms 
authorities may also decide that examples of such goods shall be handed over to the rightholder for 
examination. Goods handed over to the rightholder shall be returned as soon as the examination is 
complete or the detention has lapsed. The righthold er is responsible for any damage to the goods that 
arises in connection with examinations pursuant to this subsection.   
 (4) The Ministry may issue regulations concerning the customs authorities’ notification of 
measures to protect intellectual property r ights pursuant to this section.  
Section 15 -4 Declaration, responsibility for storage dues, the destruction of goods etc.  
 (1) The detention of goods by the customs authorities pursuant to Section 15 -1 first paragraph 
or on the basis of a preliminary orde r in no way affects the duty to declare the goods and to pay 
customs duties and charges. The rightholder is liable for the cost of storage dues during the period the 
goods are detained pursuant to Section 15 -1 first paragraph or on the basis of a prelimina ry order, and 
shall be notified in accordance with the Tax Payment Act Section  14-10 second paragraph, in the same 
way as the consignee for the goods, before the goods can be subject to enforced sale because of failure 
to pay storage dues.  
 (2) Goods may not be forcibly sold pursuant to Sections 4 -2, 4-27 and 4 -32 as long as they are 
detained pursuant to Section 15 -1 first paragraph or on the basis of a preliminary order. The same 
applies if it is confirmed by a judgment or it follows from a binding agreement between the 
rightholder and the consignee or its representative that the goods c onstitute an infringement of an 
intellectual property right.  
 (3) The customs authorities may arrange for the destruction of goods that are detained, or take 
other measures concerning the goods, when this follows from a judgment or when the consignee or i ts 
representative has consented to this. The rightholder is liable in relation to the customs authorities for 
costs incurred by the customs authorities in connection with the destruction of goods or other 
measures concerning the goods.  
 
Section 15 -5 Lifting and lapse of a preliminary order  
 (1) Where the court lifts a preliminary order or adopts a decision to the effect that the order 
has lapsed, it shall inform the customs authorities thereof once the decision is legally enforceable. In 
cases as men tioned in section 34 -6 of the Civil Disputes Act the customs authorities may request the 
court to make a decision to the effect that the order has lapsed.  
 (2) The Ministry may make regulations concerning the lifting and lapse of preliminary orders 
pursua nt to this section.