知的所有権の国境措置に関する規定（Article 12関連）
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2. Without prejudice to a Party's laws pertaining
to the privacy or confidentiality of information,
where its customs authority has detained or suspended
the release of goods that are suspected of being
counterfeit trademark or pirated copyright goods,
that Party shall provide that its customs authority
has the authority to inform the right holder of the
name and address of the consignor, importer,
exporter, or consignee, a description of goods,
quantity of goods and, if known, the country of
origin of the goods.
3. Each Party shall adopt or maintain procedures
with respect to import and export shipments under
which its customs authority may act upon their own
initiative to suspend the release of suspected
counterfeit trademark or pirated copyright goods.
4. Each Party shall ensure that a right holder may
provide to its customs authority within a reasonable
period any information that may assist it in taking
the border measures referred to in this Article.
b. Each Party shall adopt or maintain procedures
by which its competent authorities, administrative or
judicial, may determine, within a reasonable period
after the initiation of the procedures described in
paragraphs 1 and 3, whether suspected counterfeit
trademark or pirated copyright goods are infringing
intellectual property rights.
6. Each Party shall provide that its competent
authorities have the authority to order the
destruction of goods that are determined as
counterfeit trademark or pirated copyright goods. 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. With regard to counterfeit
trademark goods, the simple removal of the trademark
unlawfully affixed shall not be sufficient other than
in exceptional cases, to permit the release of the
goods into the channels of commerce
Note: For the purposes of this paragraph, the term
"competent authorities" may include the
judicial authorities.
7. Where an application fee, merchandise storage
fee or destruction fee is assessed in connection with
border measures to enforce an intellectual property
right, each Party shall provide that the fee shall
not be set at an amount that deters recourse to these
measures.'