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U.S. Code as of:
01/19/04
Section 1328. Enforcement by Treasury and Postal Service
(a) Regulations. - The Secretary of the Treasury and the United
States Postal Service shall separately or jointly issue regulations
for the enforcement of the rights set forth in section 1308 with
respect to importation. Such regulations may require, as a
condition for the exclusion of articles from the United States,
that the person seeking exclusion take any one or more of the
following actions:
(1) Obtain a court order enjoining, or an order of the
International Trade Commission under section 337 of the Tariff
Act of 1930 excluding, importation of the articles.
(2) Furnish proof that the design involved is protected under
this chapter and that the importation of the articles would
infringe the rights in the design under this chapter.
(3) Post a surety bond for any injury that may result if the
detention or exclusion of the articles proves to be unjustified.
(b) Seizure and Forfeiture. - Articles imported in violation of
the rights set forth in section 1308 are subject to seizure and
forfeiture in the same manner as property imported in violation of
the customs laws. Any such forfeited articles shall be destroyed as
directed by the Secretary of the Treasury or the court, as the case
may be, except that the articles may be returned to the country of
export whenever it is shown to the satisfaction of the Secretary of
the Treasury that the importer had no reasonable grounds for
believing that his or her acts constituted a violation of the law.
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