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Trade Marks Act 2002

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

145: Limitations on requirement to supply information

You could also call this:

"Rules about what information you need to share when asked about a sign"

When the chief executive wants information from you about a sign that might be breaking the law, they can only ask for information they really need. They can't just ask for anything they want.

If you're asked to give information, you have the same rights as someone giving evidence in court. This means you don't have to say anything that might get you in trouble.

If you don't want to give the information or can't give it, the chief executive might think about that when they're deciding what to do next. But they have to respect your rights, just like in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165068.

Topics:
Business > Intellectual propertyRights and equality > Privacy
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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"

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146: Chief executive's determination, or

"The chief executive decides if goods match what's in the notice"

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

145Limitations on requirement to supply information

  1. The chief executive must not require any person to provide any information under section 144 unless the chief executive considers that the information is reasonably necessary for the purpose of an investigation under section 143.

  2. Every person who is required to provide information under section 144 has the same privileges in relation to the giving of the information as witnesses have in any court.

  3. If a person refuses or fails to provide information required by the chief executive under section 144, the chief executive may, subject to subsection (2), take that refusal or failure into account in forming any opinion under section 143 or in making any determination under section 146.