- ART. I
- Part One: Recitals
- Definitions
- Part Two: Submitting Applications for Action by Customs Office
- Submitting Application for Action by Customs Office and Reimbursement of Costs
- Part Three: Detection of Goods, whose Manufacture or Modification Infringed Intellectual Property Rights, in Performance of Customs Supervision
- Part Four: Conditions for Action by Customs Office
- Part Five: Misdemeanors and Administrative Torts
- Part Six: Joint Provisions
- Part Two: Submitting Applications for Action by Customs Office
- Definitions
- Part One: Recitals
Act No. 358/2004 of 9 June 2004, which promulgates full wording of Act No. 191/1999 Coll. on Measures Concerning Entry, Export and Re-Export of Goods Infringing Certain Intellectual Property Rights and on Amendment to Some Other Laws, as it Follows from Amendments brought by Act No. 121/2000 Coll., Act No. 260/2002 Coll., and Act No. 255/2004 Coll. of 13 April 2004
TABLE OF CONTENTS
Page
Art. I
Part I: Recitals.......................................................................... 2 Definitions.................................................................... 2
Part II: Submitting Applications for Action by Customs Office Submitting Application for Action by Customs Office and Reimbursement of Costs........................................ 3
Part III: Detection of Goods, whose Manufacture or Modification Infringed Intellectual Property Rights, in Performance of Customs Supervision........................... 3 Part IV: Conditions for Action by Customs Office..................... 4 Management of Goods, Whose Manufacture or Modification Infringed Intellectual Property Rights..... 5
Part V: Misdemeanors and Administrative Torts...................... 8
Chapter I: Misdemeanors Misdemeanors............................................................... 9 Forfeiture of Goods....................................................... 10 Confiscation of Goods.................................................. 10
Chapter II: Administrative Torts Administrative Torts..................................................... 10 Forfeiture of Goods....................................................... 12 Confiscation of Goods.................................................. 12
Chapter III: Joint Provisions............................................................. 12
Part Six: Joint Provisions............................................................. 13
Legal Force................................................................... 14
THE PRIME MINISTER OF THE GOVERNMENT
promulgates
full wording of Act No. 191/1999 Coll.
on measures concerning import, export and re-export of goods infringing certain intellectual property rights and on amendment to some other laws, as it follows from amendments brought by Act No. 121/2000 Coll., Act No. 260/2002 Coll., and Act No. 255/2004 Coll.
ACT
on measures concerning import, export and re-export of goods infringing certain intellectual property rights
The Parliament has passed the following Act of the Czech Republic: ART. I
1.—(1) This Act stipulates the conditions, under which the customs office intervenes against persons who own, hold, store or sell goods, whose manufacture or modification infringed intellectual property rights in the customs territory of the European Communities (hereinafter the “Communities”) pursuant to the directly binding legal regulation of the European Communities.1
(2) This Act also stipulates the conditions, under which the customs office is authorized to
(a) detain goods, with respect to which it has justified suspicion that intellectual property rights have been infringed in manufacture or modification thereof;
(b) provide for destruction of goods;
(c) remove goods from trading or other management, with respect to goods that have been recognized by the court as goods, whose manufacture or modification infringed intellectual property rights; or
(d) hear misdemeanors and administrative torts in case of violation of this Act.
2. For the purposes of this Act, the following terms shall have the corresponding meanings:
(a) action by a customs office shall mean acts carried out by the customs office pursuant to this Act;
(b) humanitarian purposes shall mean activities carried out with the objective to provide for basic needs of the people that are in a difficult situation or that have been affected by an extraordinary event, where use of extraordinary material resources is justified.
3. Repealed
4.—(1) The right-holder2 shall submit an application for action by the customs office (hereinafter an “application”) to the Customs Directorate in Hradec Králové (hereinafter the “customs directorate”), which shall make a decision on approving or dismissing the application. In case of approval of an application, the customs directorate shall promptly notify the customs office that is to perform the action and send this decision, as well as a decision on dismissal of an application, to the right-holder.
(2) An application shall be submitted on the prescribed form.3
(3) If the proceedings initiated pursuant to Section 11 are discontinued owing to an act or omission of the right-holder or if it is subsequently found that the relevant goods are not goods, whose manufacture infringed intellectual property rights, or if the right-holder uses information specified in Section 11 (1) for purposes other than lodging a court action for determination pursuant to the Civil Code or to exercise the right pursuant to Section 14 (1), the right-holder shall bear liability towards the persons involved in the action4 and reimburse all the costs connected with maintaining the goods under customs supervision. If it is found pursuant to the first sentence hereof that the relevant goods are goods, whose manufacture infringed intellectual property rights, such costs shall be reimbursed by the importer, in case of import, by the exporter, in case of export or re-export, and by the owner or holder of goods, in other cases. The customs directorate shall send to the right-holder in writing or, if requested by the right-holder, by electronic means, a notice signed pursuant to a special law,5 including specification of the amount that he is obliged to reimburse on the basis of a declaration6 made in writing or by electronic means, with specification of the number of the account, into which the amount is to be paid.
5. to 8. Repealed
9.—(1) The customs office that has detained goods during the performance of customs supervision7 at a time, when an application has not yet been submitted, shall promptly notify the right-holder, if he is known to the authority, in writing or by electronic means, of the established potential infringement of his right so that he can submit an application pursuant to Section 4 and provide him with information that is related exclusively to the actual or expected amount of the goods and their nature. This procedure shall apply to a case where goods are submitted to the customs office by some other body pursuant to the special regulation8 mutatis mutandis.
(2) The customs office may detain goods pursuant to paragraph 1 above held by a person, with whom they were found, without respect to third-party rights. The customs office shall issue a decision on the detention of goods and deliver it to the person holding the detained goods. The person holding the detained goods may lodge an appeal against a decision on the detention of goods within the period of time stipulated in the decision, for which the goods were detained, from the date of delivery.
(3) The customs office may leave the detained goods with the person holding the goods detained through a decision, and order that this person may not use, alienate or otherwise manage these goods. Acts carried out at variance with this prohibition shall be void.
(4) A person, to whom a decision on the detention of goods has been delivered, shall be obliged to submit these goods to the customs office. If the detained goods are not submitted to the customs office on its request, they may be withdrawn from the person, who currently holds the goods. An official protocol shall be drawn up of submitting or withdrawal of goods and this protocol shall be signed by two customs officers and the person, who submitted the goods or from whom the goods were withdrawn, as appropriate, and it shall include specification of the number and description of the goods. The customs office shall deliver to the person, who submitted the goods or from whom the goods were withdrawn, as appropriate, a counterpart of the official protocol.
(5) If a sanction of forfeiture or a protective measure of confiscation of the detained goods cannot be imposed within the proceedings on a misdemeanor or the proceedings on an administrative tort, or if a decision cannot be made on their destruction pursuant to Section 14, the goods shall be returned to the person, from whom they were detained. If another person exercises the right to the detained goods and the customs office has doubts as to whether this person or the person, from whom the goods were detained, is the owner of the goods, it shall propose to these persons that they enforce their claims with the courts within a deadline stipulated by the customs office for this purpose.
10. Repealed
11.—(1) The customs office, to which the customs directorate has delivered a decision on approval of an application and that has detained goods, shall send to the right-holder, on his request, in writing or by electronic means, a notice including the name or names, as appropriate, surname and permanent address, or the name or commercial name and registered office, name or names, as appropriate of a natural person, who operates a business, and permanent address, of the declarant, owner or holder of the goods, and, if known to it, also the name, surname and permanent address, or the name or commercial name and registered office of the consignee and the consignor, as well as information on the origin and provenance of the goods, whose manufacture or modification infringed intellectual property rights, so that he can protect his right.9
(2) The customs office may submit or send the taken samples to the right-holder on his explicit request only for the purposes of analysis and facilitation of further proceedings.10
(3) The right-holder shall be obliged to notify the customs office in writing or by electronic means forthwith of commencement of proceedings on determination whether the goods involved are goods, whose manufacture or modification infringed intellectual property rights.11
12. Repealed
13.—(1) If detained goods are to be stored until their release into the proposed customs procedure,12 the conditions for temporary storage of goods13 shall apply mutatis mutandis.
(2) If a security14 is to be provided, this security may be provided in cash into the account of the customs office or may be replaced by a bank guarantee.15 Submission of a cheque, whose payment is guaranteed by a bank, shall be considered to be provision of cash into the account of the customs office.
14.—(1) If goods, whose manufacture or modification infringed intellectual property rights of the holder, have been detained, the customs office shall make a decision, on request of the owner, of destruction of the goods and provide for the destruction under the supervision of three customs officers. An official protocol shall be drawn up of the destruction, which shall be signed by all three customs officers and which shall also include specification of the amount and description of the goods, without there being any need to further determine, whether an intellectual property right has been actually infringed,16 under the precondition that
(a) the right-holder notifies the customs office in writing or by electronic means within ten working days, or three working days in the case of perishable goods, of receipt of the notification of detention of the goods, that the goods concerned are goods, whose manufacture or modification infringed intellectual property rights, and provide the customs office with an agreement, made in writing or by electronic means, of the declarant,17 the owner or the holder of the goods with destruction of the goods; with the agreement of the customs office, this information may be provided directly to customs office by the declarant, the owner or the holder of the goods in writing or by electronic means. This agreement shall be presumed to be accepted when the declarant, the owner or the holder of the goods has not specifically raised objections against destruction within the prescribed period. This period may be extended by a further ten working days where circumstances warrant it;
(b) samples shall be taken prior to destruction and the customs office shall store these samples so that they can be used as evidence in court proceedings, if appropriate;
(c) destruction shall be carried out at the expense and under the responsibility of the declarant, the owner or the holder of the goods.
(2) If the court makes a final decision that the goods concerned are goods, whose manufacture or modification infringed intellectual property rights,18 or with respect to goods, whose manufacture or modification infringed intellectual property rights and that have been abandoned in favor of the state and that have not been destroyed by the declarant, the owner or the holder himself,19 and if a decision has not been made on forfeiture or confiscation of these goods, the customs office shall provide for destruction of these goods at the expense of the declarant, the owner or the holder of the goods. If the owner or the holder of the goods, whose manufacture or modification infringed intellectual property rights, is not known to the customs office or if his identity is not determined, the customs office shall provide for their destruction at the expense of the right-holder.
(3) If the court makes a final decision that, prior to further management of counterfeit goods,20 it will suffice to remove trademarks from these goods,21 the customs office shall provide for their removal and destruction at the expense of the declarant, the owner or the holder of the goods. If forfeiture or confiscation of the counterfeit goods was imposed in the given case, the customs office shall provide for removal of the trademarks under the conditions specified in paragraph 4 (a) and their destruction pursuant to paragraph 4 (c) hereof.
(4) At the expense of the person, who has committed a misdemeanor or administrative tort, the customs office shall provide
(a) with the consent of the right-holder made in writing or by electronic means, for removal of the trademarks from the forfeited or confiscated counterfeit goods according to the court decision, so that they can be managed in a manner other than their sale;
(b) with the consent of the right-holder made in writing or by electronic means,4 for other modifications to the forfeited or confiscated counterfeit goods, unless this changes the nature of the goods, so that they can be managed in a manner other than their sale;
(c) for destruction of the forfeited or confiscated counterfeit goods, whose manufacture or modification infringed intellectual property rights, of the trademarks removed pursuant to subparagraph (a) above, and of waste and remainders produced in other modifications pursuant to subparagraph (b) above.
(5) If a person, who has violated the Act in one of the manners specified in Sections 15 and 23, is not known or if this person could not be punished, the customs office shall provide for destruction of the goods, whose manufacture or modification infringed intellectual property rights and which were confiscated within the proceedings on a misdemeanor or within the proceedings on an administrative tort, as appropriate, at the expense of the right-holder.
(6) According to information provided by the customs office, on the basis of a final decision on forfeiture or confiscation of counterfeit goods, and provided that the right-holder grants his consent to the use of counterfeit goods modified pursuant to paragraph 4 above for humanitarian purposes in writing or by electronic means, the customs directorate shall decide, which validly forfeited or confiscated counterfeit goods are suitable for securing humanitarian needs and which of these goods could be transferred free-of-charge for humanitarian purposes to a beneficiary specified in paragraph 7 hereof under the conditions stipulated by this Act and special regulations.22 Counterfeit goods that are clearly detrimental to health may not be transferred free-of-charge for humanitarian purposes. Counterfeit goods shall be transferred free-of-charge according to the purpose and use or according to the urgency of needs, with respect to the order of received requests.
(7) Beneficiaries may include
(a) organizational units and contributory organizations of the state or territorial self-governing units, established for the purpose of providing social care or active in the area of health care or education;23 or
(b) other legal persons,24 provided that they meet the following preconditions:
1. they were not established for the purpose of operating a business;
2. the object of their activities includes only activities in areas specified in subparagraph (a) above;
3. they have been providing humanitarian aid for a period of at least 2 years; and
4. they prove by means of a certificate of the competent authority that is not older than 3 months that they have no outstanding taxes, premiums for social security and contribution to the state employment policy, including penalties, or payable outstanding premiums for public health insurance, including penalties.25 For the purposes of this Act, payable outstanding premiums for social security and contribution to the state employment policy shall include outstanding premiums including penalties, for which payment in installments has been permitted pursuant to the special regulation.26
(8) The beneficiary shall be obliged to
(a) adopt measures to prevent misuse of counterfeit goods and their repeated introduction to the market;
(b) under the conditions stipulated by the customs directorate and at its own expense, provide for removal of trademarks pursuant to paragraph 4 (a)
Page
Legal Force................................................................... 14
THE PRIME MINISTER OF THE GOVERNMENT
promulgates
full wording of Act No. 191/1999 Coll.
on measures concerning import, export and re-export of goods infringing certain intellectual property rights and on amendment to some other laws, as it follows from amendments brought by Act No. 121/2000 Coll., Act No. 260/2002 Coll., and Act No. 255/2004 Coll.
ACT
on measures concerning import, export and re-export of goods infringing certain intellectual property rights
The Parliament has passed the following Act of the Czech Republic: 1.—(1) This Act stipulates the conditions, under which the customs office intervenes against persons who own, hold, store or sell goods, whose manufacture or modification infringed intellectual property rights in the customs territory of the European Communities (hereinafter the “Communities”) pursuant to the directly binding legal regulation of the European Communities.1
(2) This Act also stipulates the conditions, under which the customs office is authorized to
(a) detain goods, with respect to which it has justified suspicion that intellectual property rights have been infringed in manufacture or modification thereof;
(b) provide for destruction of goods;
(c) remove goods from trading or other management, with respect to goods that have been recognized by the court as goods, whose manufacture or modification infringed intellectual property rights; or
(d) hear misdemeanors and administrative torts in case of violation of this Act.
2. For the purposes of this Act, the following terms shall have the corresponding meanings:
(a) action by a customs office shall mean acts carried out by the customs office pursuant to this Act;
(b) humanitarian purposes shall mean activities carried out with the objective to provide for basic needs of the people that are in a difficult situation or that have been affected by an extraordinary event, where use of extraordinary material resources is justified.
3. Repealed
4.—(1) The right-holder2 shall submit an application for action by the customs office (hereinafter an “application”) to the Customs Directorate in Hradec Králové (hereinafter the “customs directorate”), which shall make a decision on approving or dismissing the application. In case of approval of an application, the customs directorate shall promptly notify the customs office that is to perform the action and send this decision, as well as a decision on dismissal of an application, to the right-holder.
(2) An application shall be submitted on the prescribed form.3
(3) If the proceedings initiated pursuant to Section 11 are discontinued owing to an act or omission of the right-holder or if it is subsequently found that the relevant goods are not goods, whose manufacture infringed intellectual property rights, or if the right-holder uses information specified in Section 11 (1) for purposes other than lodging a court action for determination pursuant to the Civil Code or to exercise the right pursuant to Section 14 (1), the right-holder shall bear liability towards the persons involved in the action4 and reimburse all the costs connected with maintaining the goods under customs supervision. If it is found pursuant to the first sentence hereof that the relevant goods are goods, whose manufacture infringed intellectual property rights, such costs shall be reimbursed by the importer, in case of import, by the exporter, in case of export or re-export, and by the owner or holder of goods, in other cases. The customs directorate shall send to the right-holder in writing or, if requested by the right-holder, by electronic means, a notice signed pursuant to a special law,5 including specification of the amount that he is obliged to reimburse on the basis of a declaration6 made in writing or by electronic means, with specification of the number of the account, into which the amount is to be paid.
5. to 8. Repealed
9.—(1) The customs office that has detained goods during the performance of customs supervision7 at a time, when an application has not yet been submitted, shall promptly notify the right-holder, if he is known to the authority, in writing or by electronic means, of the established potential infringement of his right so that he can submit an application pursuant to Section 4 and provide him with information that is related exclusively to the actual or expected amount of the goods and their nature. This procedure shall apply to a case where goods are submitted to the customs office by some other body pursuant to the special regulation8 mutatis mutandis.
(2) The customs office may detain goods pursuant to paragraph 1 above held by a person, with whom they were found, without respect to third-party rights. The customs office shall issue a decision on the detention of goods and deliver it to the person holding the detained goods. The person holding the detained goods may lodge an appeal against a decision on the detention of goods within the period of time stipulated in the decision, for which the goods were detained, from the date of delivery.
(3) The customs office may leave the detained goods with the person holding the goods detained through a decision, and order that this person may not use, alienate or otherwise manage these goods. Acts carried out at variance with this prohibition shall be void.
(4) A person, to whom a decision on the detention of goods has been delivered, shall be obliged to submit these goods to the customs office. If the detained goods are not submitted to the customs office on its request, they may be withdrawn from the person, who currently holds the goods. An official protocol shall be drawn up of submitting or withdrawal of goods and this protocol shall be signed by two customs officers and the person, who submitted the goods or from whom the goods were withdrawn, as appropriate, and it shall include specification of the number and description of the goods. The customs office shall deliver to the person, who submitted the goods or from whom the goods were withdrawn, as appropriate, a counterpart of the official protocol.
(5) If a sanction of forfeiture or a protective measure of confiscation of the detained goods cannot be imposed within the proceedings on a misdemeanor or the proceedings on an administrative tort, or if a decision cannot be made on their destruction pursuant to Section 14, the goods shall be returned to the person, from whom they were detained. If another person exercises the right to the detained goods and the customs office has doubts as to whether this person or the person, from whom the goods were detained, is the owner of the goods, it shall propose to these persons that they enforce their claims with the courts within a deadline stipulated by the customs office for this purpose.
10. Repealed
11.—(1) The customs office, to which the customs directorate has delivered a decision on approval of an application and that has detained goods, shall send to the right-holder, on his request, in writing or by electronic means, a notice including the name or names, as appropriate, surname and permanent address, or the name or commercial name and registered office, name or names, as appropriate of a natural person, who operates a business, and permanent address, of the declarant, owner or holder of the goods, and, if known to it, also the name, surname and permanent address, or the name or commercial name and registered office of the consignee and the consignor, as well as information on the origin and provenance of the goods, whose manufacture or modification infringed intellectual property rights, so that he can protect his right.9
(2) The customs office may submit or send the taken samples to the right-holder on his explicit request only for the purposes of analysis and facilitation of further proceedings.10
(3) The right-holder shall be obliged to notify the customs office in writing or by electronic means forthwith of commencement of proceedings on determination whether the goods involved are goods, whose manufacture or modification infringed intellectual property rights.11
12. Repealed
13.—(1) If detained goods are to be stored until their release into the proposed customs procedure,12 the conditions for temporary storage of goods13 shall apply mutatis mutandis.
(2) If a security14 is to be provided, this security may be provided in cash into the account of the customs office or may be replaced by a bank guarantee.15 Submission of a cheque, whose payment is guaranteed by a bank, shall be considered to be provision of cash into the account of the customs office.
14.—(1) If goods, whose manufacture or modification infringed intellectual property rights of the holder, have been detained, the customs office shall make a decision, on request of the owner, of destruction of the goods and provide for the destruction under the supervision of three customs officers. An official protocol shall be drawn up of the destruction, which shall be signed by all three customs officers and which shall also include specification of the amount and description of the goods, without there being any need to further determine, whether an intellectual property right has been actually infringed,16 under the precondition that
(a) the right-holder notifies the customs office in writing or by electronic means within ten working days, or three working days in the case of perishable goods, of receipt of the notification of detention of the goods, that the goods concerned are goods, whose manufacture or modification infringed intellectual property rights, and provide the customs office with an agreement, made in writing or by electronic means, of the declarant,17 the owner or the holder of the goods with destruction of the goods; with the agreement of the customs office, this information may be provided directly to customs office by the declarant, the owner or the holder of the goods in writing or by electronic means. This agreement shall be presumed to be accepted when the declarant, the owner or the holder of the goods has not specifically raised objections against destruction within the prescribed period. This period may be extended by a further ten working days where circumstances warrant it;
(b) samples shall be taken prior to destruction and the customs office shall store these samples so that they can be used as evidence in court proceedings, if appropriate;
(c) destruction shall be carried out at the expense and under the responsibility of the declarant, the owner or the holder of the goods.
(2) If the court makes a final decision that the goods concerned are goods, whose manufacture or modification infringed intellectual property rights,18 or with respect to goods, whose manufacture or modification infringed intellectual property rights and that have been abandoned in favor of the state and that have not been destroyed by the declarant, the owner or the holder himself,19 and if a decision has not been made on forfeiture or confiscation of these goods, the customs office shall provide for destruction of these goods at the expense of the declarant, the owner or the holder of the goods. If the owner or the holder of the goods, whose manufacture or modification infringed intellectual property rights, is not known to the customs office or if his identity is not determined, the customs office shall provide for their destruction at the expense of the right-holder.
(3) If the court makes a final decision that, prior to further management of counterfeit goods,20 it will suffice to remove trademarks from these goods,21 the customs office shall provide for their removal and destruction at the expense of the declarant, the owner or the holder of the goods. If forfeiture or confiscation of the counterfeit goods was imposed in the given case, the customs office shall provide for removal of the trademarks under the conditions specified in paragraph 4 (a) and their destruction pursuant to paragraph 4 (c) hereof.
(4) At the expense of the person, who has committed a misdemeanor or administrative tort, the customs office shall provide
(a) with the consent of the right-holder made in writing or by electronic means, for removal of the trademarks from the forfeited or confiscated counterfeit goods according to the court decision, so that they can be managed in a manner other than their sale;
(b) with the consent of the right-holder made in writing or by electronic means,4 for other modifications to the forfeited or confiscated counterfeit goods, unless this changes the nature of the goods, so that they can be managed in a manner other than their sale;
(c) for destruction of the forfeited or confiscated counterfeit goods, whose manufacture or modification infringed intellectual property rights, of the trademarks removed pursuant to subparagraph (a) above, and of waste and remainders produced in other modifications pursuant to subparagraph (b) above.
(5) If a person, who has violated the Act in one of the manners specified in Sections 15 and 23, is not known or if this person could not be punished, the customs office shall provide for destruction of the goods, whose manufacture or modification infringed intellectual property rights and which were confiscated within the proceedings on a misdemeanor or within the proceedings on an administrative tort, as appropriate, at the expense of the right-holder.
(6) According to information provided by the customs office, on the basis of a final decision on forfeiture or confiscation of counterfeit goods, and provided that the right-holder grants his consent to the use of counterfeit goods modified pursuant to paragraph 4 above for humanitarian purposes in writing or by electronic means, the customs directorate shall decide, which validly forfeited or confiscated counterfeit goods are suitable for securing humanitarian needs and which of these goods could be transferred free-of-charge for humanitarian purposes to a beneficiary specified in paragraph 7 hereof under the conditions stipulated by this Act and special regulations.22 Counterfeit goods that are clearly detrimental to health may not be transferred free-of-charge for humanitarian purposes. Counterfeit goods shall be transferred free-of-charge according to the purpose and use or according to the urgency of needs, with respect to the order of received requests.
(7) Beneficiaries may include
(a) organizational units and contributory organizations of the state or territorial self-governing units, established for the purpose of providing social care or active in the area of health care or education;23 or
(b) other legal persons,24 provided that they meet the following preconditions:
1. they were not established for the purpose of operating a business;
2. the object of their activities includes only activities in areas specified in subparagraph (a) above;
3. they have been providing humanitarian aid for a period of at least 2 years; and
4. they prove by means of a certificate of the competent authority that is not older than 3 months that they have no outstanding taxes, premiums for social security and contribution to the state employment policy, including penalties, or payable outstanding premiums for public health insurance, including penalties.25 For the purposes of this Act, payable outstanding premiums for social security and contribution to the state employment policy shall include outstanding premiums including penalties, for which payment in installments has been permitted pursuant to the special regulation.26
(8) The beneficiary shall be obliged to
(a) adopt measures to prevent misuse of counterfeit goods and their repeated introduction to the market;
(b) under the conditions stipulated by the customs directorate and at its own expense, provide for removal of trademarks pursuant to paragraph 4 (a) ART. I