It will also contact the rights holder with a sample of the infringing goods, notify it of the number of items held and their nature, and inform it that it can submit an application for action within three working days.
Application for action
If the rights holder submits an application for action within that period, it may then decide either to apply to the court within 10 working days of submitting the application for action, or to follow the simplified procedure provided in Article 11 of EU Regulation 1383/2003.
In practice, the rights holder may follow the simplified procedure and, if that fails to produce the desired results in time, then file a court action. The period of 10 working days may be extended for a further 10 working days. The detained products will be released if: