Skip to content
bruneilawsby aturio
In force2022 Revised Edition
Contents

Part · Proceedings Relating to Importation of Infringing Goods

104. Forfeiture

(1)

Where there has come into the possession of any person in connection with the investigation or prosecution of an offence under section 94 or under the Merchandise Marks Act (Chapter 96), or any offence involving dishonesty or deception —

(a)

goods which, or the packaging of which, bear a sign identical to or likely to be mistaken for a registered trade mark;

(b)

material bearing such a sign and intended to be used for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods; or

(c)

articles specifically designed or adapted for making copies of such a sign, that person may apply to the court under this section for an order for the forfeiture of those goods, material or articles.

(2)

On an application under this section, the court shall make an order for the forfeiture of any goods, material or articles only if it is satisfied that an offence mentioned in subsection (1) has been committed in relation to those goods, material or articles.

(3)

The court may infer for the purpose of this section that such an offence has been committed in relation to any goods, material or articles if it is satisfied that such an offence has been committed in relation to goods, material or articles which are representative of them, whether by reason of being of the same design, or part of the same consignment or batch, or otherwise.

Trade Marks

(4)

Subject to subsection (5), where any goods, material or articles are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.

(5)

On making an order under this section the court may, if it considers it appropriate to do so, direct that the goods, material or articles to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that such person —

(a)

causes the offending sign to be erased, removed or obliterated; and

(b)

complies with any order to pay costs which has been made against him in the proceedings for the order for forfeiture.

Report

Part

Miscellaneous and General Provisions

Read on from Part

Schedules