Trade Marks Act 1998 · 2020 Revised Edition · Part 10 · Assistance by Border Authorities
93I. Compensation for failure to take action
Feedback & supportLast amended by an amending law of 2018.
Where —
goods have been seized under section 93A;
the goods continue to be detained because section 93B(1) has been satisfied; and
the proprietor fails to take infringement action within the period specified in section 93C(1) (including any extension of that period under section 85(6) as applied by section 93C(2)),a person aggrieved by the seizure may apply to the Court for an order of compensation against the proprietor.
Where the Court is satisfied that the applicant has suffered loss or damage as a result of the seizure of the goods, the Court may order the proprietor to pay to the applicant compensation of such amount as the Court thinks fit.