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In force2020 Revised Edition

Part 6 · Remedies for and Border Enforcement Measures Against Rights Infringements

332. Request to seize

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(1)

A person may request the Director‑General to seize goods if —

(a)

the person suspects that the goods are infringing goods of which the person is —

(i)

a rights owner; or

(ii)

a copyright licensee with the power to make a request under this section; and

(b)

the goods are not goods in transit.

(2)

A request must —

(a)

be served on the Director‑General in the prescribed manner and at the prescribed times;

(b)

be in the form specified by the Director‑General;

(c)

state the capacity in which the requestor is making the request;

(d)

state that infringing goods are expected to either be imported or exported;

(e)

provide enough information to —

(i)

identify the goods in question;

(ii)

enable the Director‑General to ascertain where and when the goods are expected to be imported or exported; and

(iii)

satisfy the Director‑General that the goods are infringing goods;

(f)

provide any information or evidence that is prescribed or required by the Director‑General;

(g)

be accompanied by the prescribed fee; and

(h)

be accompanied by the sum of money or the security required under section 349.

(3)

Regulations may prescribe further requirements in relation to a request to seize.

Report

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

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