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In force2022 Revised Edition
Contents

Part · Proceedings Relating to Importation of Infringing Goods

82. Infringing goods may be detained

(1)

The proprietor of a registered trade mark, or a licensee, may give notice in writing to the Controller of Customs —

(a)

claiming that he is the proprietor or, as the case may be, a licensee of such trade mark registered in respect of the goods specified in the notice; and

(b)

requesting him to detain any infringing goods that are or at any time come under customs control, if the use of that trade mark in Brunei Darussalam in relation to those goods would infringe his exclusive right to that use.

(2)

A notice shall —

(a)

contain such particulars in support of the request as may be prescribed in regulations made under section 106; and

Trade Marks 66

(b)

specify the period for which the notice is to be in force, which period shall —

(i)

not be longer than 5 years from the date of the notice;

or

(ii)

if the registration of the trade mark will expire within 5 years from the date of the notice, expire not later than such date of expiry.

(3)

The Controller of Customs shall, in relation to any notice —

(a)

accept the notice if it complies with the requirements of this section and of regulations made under section 106, whereupon the goods to which it relates, unless they have been imported for private and domestic use, shall become prohibited goods for the purposes of the Customs Order, 2006 (S 39/2006); or

(b)

decline to accept the notice if it does not comply with such requirements, and shall advise the claimant whether the notice has been accepted or not.

(4)

A notice accepted under subsection (3)(a) remains in force for the period specified in the notice unless —

(a)

it is revoked by the claimant in writing; or

(b)

the court orders, in proceedings under section 87, that it be discharged.

(5)

Nothing in this section applies in relation to any sign that has been applied to goods in any country other than Brunei Darussalam by or with the approval of the proprietor of the registered trade mark to which that sign relates.

(6)

Subject to any agreement subsisting between a registered user of a registered trade mark and the proprietor of that trade mark, a registered user shall be entitled to call upon the proprietor to give notice under subsection (1) in relation to that trade mark and, if the proprietor refuses or

Trade Marks neglects to do so within 2 months of being so called upon, the registered user may give notice under that subsection as if he were the proprietor.

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