Section 89
Compensation for failure to take action
ActIn forceProvision 89 of 188
Section 89
(1)
Where goods have been seized pursuant to a notice given under section 82 and the applicant does not take action for infringement within the retention period, a person aggrieved by such seizure may apply to the Court for an order of compensation against the applicant.
(2)
Where the Court is satisfied that the person aggrieved had suffered loss or damage as a result of the seizure of the goods, the
Court may order the applicant to pay compensation in such amount as the Court thinks fit to the aggrieved person.