Trade Marks Act 1998 · 2020 Revised Edition · Part 10 · Assistance by Border Authorities
93G. Compulsory release of seized goods to dealer
Feedback & supportLast amended by an amending law of 2018.
The Director-General must release the seized goods (not being goods forfeited to the Government under section 93F) to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 93C(1) (including any extension of that period under section 85(6) as applied by section 93C(2)), if the proprietor of the registered trade mark has not, before that date —
Director-General
“Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act 1960;
instituted an infringement action in respect of the goods; and
given written notice to the Director‑General stating that the action has been instituted.
If —
an infringement action has been instituted in respect of the seized goods; and
on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court preventing the release of the goods,the Director‑General must release the goods to the dealer as soon as possible after the firstmentioned day.
If the proprietor of the registered trade mark gives a written notice to the Director‑General stating that the proprietor consents to the release of the seized goods, the Director‑General must release the goods to the dealer as soon as possible.
proprietor
“proprietor” means —(a)in relation to a registered trade mark — the person in whose name the trade mark is registered; or(b)in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs;