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Section 133

Taking of samples

of Trademarks Act 2019

ActIn forceProvision 133 of 188
Section 133
(1)

Where any goods, documents, material, articles or things which are the subject matter of an offence under this Act are found in two or more packages or receptacles of the same description, it shall be presumed until the contrary is proved that all the packages or receptacles contain goods, documents, material, articles or things of the same nature, quantity and quality.

(2)

Where packages or receptacles containing goods, documents, material, articles or things which contravene the provisions of this

Act or are otherwise liable to seizure have been seized, it shall be sufficient only to open and examine one per centum or not less than five samples, whichever is the lesser, of the contents of each package or receptacle seized.

(3)

The court shall presume that the remaining samples contained in the package or receptacle is of the same nature as those samples examined.

Trademarks 115

Jurisdiction to try offences