(1) Where an infringement as per section 38 (1) sentence 1 has obviously been committed, the relevant product is subject, upon request and security being given by the right holder, to seizure by the customs authority, on import or export, insofar as there is no requirement to apply Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15), as amended. This applies to transactions with other Member States of the European Union and with other Contracting Parties to the Agreement on the European Economic Area only to the extent that controls are carried out by the customs authorities.
(2) If the customs authority orders seizure, it without delay notifies the person entitled to exercise control as well as the right holder. The right holder is to be informed of the origin, quantity and place of storage of the products as well as the name and address of the person entitled to exercise control; the privacy of correspondence and posts (Article 10 of the Basic Law) is thus restricted. The right holder is to be given the opportunity to inspect the products, provided this does not interfere with business or trade secrets.