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Section 88

Compulsory release of seized goods to importer

of Trademarks Act 2019

ActIn forceProvision 88 of 188
Section 88
(1)

The Registrar shall release the seized goods to the importer on the expiration of the retention period for the goods if the applicant—

(a)

has not instituted an action for infringement in relation to the goods; and

(b)

has not given written notice to the Registrar stating that the action for infringement has been instituted.

Trademarks 87

(2)

If—

(a)

an action for infringement has been instituted in relation to the seized goods; and

(b)

at the end of a period of thirty days commencing on the day on which the action for infringement was instituted, there shall not be in force an order of the Court in which the action was instituted preventing the release of the goods, the Registrar shall release the goods to the importer.

(3)

If the applicant gives a written notice to the Registrar stating that he consents to the release of the seized goods, the Registrar shall release the goods to the importer.