Trade Marks Act 1998 · 2020 Revised Edition · Part 10 · Assistance by Border Authorities
89. Compensation for failure to take action
Feedback & supportLast amended by an amending law of 2018.
Where goods have been seized pursuant to a notice given under section 82 and the requestor concerned fails to take infringement action within the retention period for the goods, a person aggrieved by such seizure may apply to the Court for an order of compensation against the requestor.
requestor
“requestor”, in relation to particular seized goods, means the person who gave the written notice under section 82(1) as a result of the giving of which the goods were seized;
Where the Court is satisfied that the applicant had suffered loss or damage as a result of the seizure of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to the applicant.