Trade Marks Act 2002

Legal proceedings - Border protection measures - Investigation where notice of infringing sign

143: Determination to conduct investigation

You could also call this:

"The boss decides to check if someone copied a special picture"

If someone has told the chief executive about a trade mark that might be copied, and the chief executive has agreed to look into it, they can decide to investigate. They will do this if they think some goods that Customs is checking might be copies of the trade mark. The chief executive can choose to look into it more closely to see if the goods are actually copies or not.

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"Special rules for certain goods"


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144: Claimant to provide information for investigation, or

"The person who complained must give information to help look into goods with wrong signs"

Part 4Legal proceedings
Border protection measures: Investigation where notice of infringing sign

143Determination to conduct investigation

  1. The chief executive may conduct an investigation in order to establish whether or not the goods appear to be goods to which the notice relates if—

  2. a notice that has been accepted under section 139 is in force; and
    1. the chief executive considers that any goods that are in the control of Customs may be goods to which the notice relates.
      Notes
      • Section 143(b): amended, on , by section 98 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).