Section 93
Ex-officio action
Based on prima facie evidence, any authorized officer may detain or suspend the release of goods bearing, without authorization, a trademark which is identical with the registered trademark and the goods are identical with the goods of a registered trademark, which are to be imported or destined for export.
(2)
Where such goods have been detained, the authorized officer—
(a)
shall inform the Registrar, the importer and the registered proprietor; and
(b)
may at any time seek from the registered proprietor any information that may assist him to exercise his powers.
(3)
Subject to section 88, an importer may lodge an appeal to the
Director General under the Customs Act 1967 against the detention of goods or suspension of the release of goods under subsection (1).
(4)
The authorized officer shall only be exempted from liability if his actions under subsection (1) are done in good faith.
(5)
Destined for export referred to in subsection (1) means goods which are to be exported from Malaysia to another country through any mode of transportation.