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Trade Marks Act 2002

Legal proceedings - Border protection measures - Detention of goods bearing infringing sign

149: Detention of goods bearing infringing sign

You could also call this:

"Customs can hold goods they think might break trade mark rules"

When the chief executive thinks some goods under Customs control might be related to a notice they accepted under section 139, they must keep those goods. They'll keep the goods until one of these things happens:

  1. They get an order from a court case saying to let go of the notice.
  2. They get an order from a court case saying to release the goods.
  3. A court case (including any appeal) decides the goods don't have an infringing sign on them or with them.
  4. A court case about the goods (including any appeal) is given up.
  5. 10 working days pass after they told people about the goods under section 147, and no one except the importer or exporter has started a court case about them under section 153.

When one of these things happens, they must give the goods back to whoever should have them, unless section 150 says something different.

The chief executive can make the 10 working days into 20 working days if they think it's a good idea in that situation.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165074.

Topics:
Business > Intellectual propertyGovernment and voting > Government departments
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"Not telling about keeping goods doesn't make it wrong"

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150: When detained goods may be released, or

"Letting go of seized items: When it's okay to give back held goods"

Part 4Legal proceedings
Border protection measures: Detention of goods bearing infringing sign

149Detention of goods bearing infringing sign

  1. If the chief executive considers that any goods that are in the control of the Customs may be goods to which a notice accepted under section 139 relates, those goods must be detained in the custody of the chief executive or any Customs officer until—

  2. the chief executive is served with an order made in proceedings under section 152 that the notice be discharged; or
    1. the chief executive is served with an order made in proceedings under section 152 that the goods be released; or
      1. any proceedings under section 153 in respect of those goods (including any appeal) are determined by a decision that the goods are not specified goods on or in physical relation to which an infringing sign is used; or
        1. any proceedings under section 153 in respect of those goods, including any appeal, are abandoned; or
          1. 10 working days have elapsed since notice was served under section 147 and the chief executive has not been served with notice of proceedings brought under section 153 by a person other than the importer or exporter.

            1. Subject to section 150, on the occurrence of any of the matters specified in subsection (1)(a) to (e), the goods must be released to the person entitled to them.

            2. The chief executive may, in any particular case, extend the period referred to in subsection (1)(e) to 20 working days if he or she considers it appropriate to do so in all the circumstances.

            Notes
            • Section 149(1): amended, on , by section 99(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
            • Section 149(1)(c): replaced, on , by section 99(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
            • Section 149(1)(e): amended, on , by section 99(3) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).