Trademarks Act 2019 · Updated to 18 Mar 2022 · Part XIII · Border Measures
90. Actions for infringement of registered trademark
Feedback & supportIf an action for infringement has been instituted by the applicant, the Court may in addition to any relief that may be granted—
order that the seized goods be released to the importer subject to such conditions, if any, as the Court thinks fit;
order that the seized goods be not released to the importer before the end of a specified period; or
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order that the seized goods be forfeited, depending on the circumstances of the case.
The Registrar or the authorized officer shall be entitled to be heard on the hearing of an action for infringement.
Registrar
“Registrar” means a person appointed as a Registrar of Trademarks under subsection 10(1);
The Court may not make an order under paragraph (1)(a) if it is satisfied that the Registrar or any authority is required or permitted under any other law to retain control of the seized goods.
The Registrar shall comply with an order made under subsection (1).
The Court may order the applicant to pay compensation in such amount as the Court thinks fit to the defendant if—
the action is dismissed or discontinued, or if the Court decides that the relevant registered trademark was not infringed by the importation of the seized goods; and
the defendant to the action for infringement satisfies the
Court that he has suffered loss or damage as a result of the seizure of the goods.