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Section 120

Power to enter premises, inspect and seize goods, etc.

of Trademarks Act 2019

ActIn forceProvision 120 of 214
Section 120

(a)

he may, for the purpose of ascertaining whether any offence under this Act has been committed, inspect any goods, documents, material, articles or things and enter any premises other than premises used only for dwelling;

(b)

if he has reasonable cause to believe that an offence under this Act has been committed, he may seize and detain any goods, documents, material, articles or things for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed;

(c)

he may seize and detain any goods, documents, material, articles or things which he has reason to believe may be required as evidence in any proceedings for an offence under this Act; and

(d)

he may, for the purpose of exercising his powers under this subsection, seize goods, documents, material, articles or things, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of this Act and of any order made under this

Act are duly observed, require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, he may do so himself.

(2)

An Assistant Controller seizing any goods, documents, material, articles or things in the exercise of his powers under this section shall inform the person from whom they are seized and, in the case of goods seized from a vending machine, the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed.

Trademarks 107

(3)

Where the goods, documents, material, articles or things seized by the Assistant Controller in the exercise of his powers under this section are by reason of their nature, size or amount not practical to be removed from where they are found, he may by any means seal such goods, documents, material, articles or things in the premises or container in which they are found and it shall be an offence for any person without lawful authority to break, tamper with or damage such seal or to remove such goods, documents, material, articles or things or to attempt to do so