1. Where the customs authorities have been notified of the initiation of proceedings to determine whether a design, patent, utility model, topography of semiconductor product or plant variety has been infringed, the declarant or the holder of the goods may request the customs authorities to release the goods or put an end to their detention before the completion of those proceedings.
2. The customs authorities shall release the goods or put an end to their detention only where all the following conditions are fulfilled:
(a) the declarant or the holder of the goods has provided a guarantee that is of an amount sufficient to protect the interests of the holder of the decision;
(b) the authority competent to determine whether an intellectual property right has been infringed has not authorised precautionary measures;
(c) all customs formalities have been completed.
3. The provision of the guarantee referred to in point (a) of paragraph 2 shall not affect the other legal remedies available to the holder of the decision.