(1) Goods which are unlawfully affixed with a trade mark or commercial designation protected in accordance with this Act shall, in so far 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 of 29 June 2013, p. 15), as amended, shall be subject, on request and in return for a security of the proprietor of the right, to seizure by the customs authority on their import or export in so far as the infringement of rights is manifest. This shall apply to transactions with other Member States of the European Union and with the Contracting Parties to the Agreement on the European Economic Area only to the extent that controls are carried out by the customs authorities.
(2) Where the customs authority orders seizure, it shall without delay inform the person entitled to exercise the control and the person making the request. The origin, quantity and place of storage of the goods as well as of name and address of the person entitled to exercise the control shall be communicated to the person making the request. The privacy of correspondence and posts (Article 10 of the Basic Law) shall thus be restricted. The person making the request shall be given the opportunity to inspect the goods provided that this does not interfere with business or trade secrets.