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In force2020 Revised Edition
Contents

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

338. Request to continue detention

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(1)

A person may request the Director‑General to continue to detain goods seized under section 336 if the person suspects that the goods are infringing goods of which the person is the rights owner.

(2)

A request must —

(a)

be made within the prescribed time after the date of the notice of seizure in section 337;

(b)

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

(c)

be in the form specified by the Director‑General;

(d)

state that the requestor intends to bring an infringement action in relation to the seized goods;

(e)

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

(f)

be accompanied by the prescribed fee; and

(g)

be accompanied by the sum of money or the security required by section 349, unless —

(i)

the required sum had earlier been deposited and has not been forfeited or returned; or

(ii)

the required security had earlier been given and remains effective.

(3)

Regulations may prescribe further requirements in relation to a request to continue detention.

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

Transitional