Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

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

135A: Detention of goods suspected of bearing infringing sign

You could also call this:

"Customs can hold goods they think have fake logos or brand names"

If you bring goods into New Zealand, Customs might keep them if they think the goods have a fake logo or brand name on them. This can happen even if you're not there when they check your stuff.

When Customs keeps your goods, they need to try to tell two people about it as soon as they can. First, they'll try to tell the person who owns the real logo or brand name. This is so that person can decide if they want to do something about it. Second, they'll try to tell you or whoever sent the goods, if they know who you are.

Even if Customs doesn't manage to tell both of these people, they can still keep your goods if they think the logo or brand name is fake. The law says it's okay for them to do this even if they couldn't tell everyone about it.

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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=LMS151144.

Topics:
Business > Intellectual propertyImmigration and citizenship > Border control
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135: Interpretation, or

"Words and meanings used in this part of the law about trade marks"

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135B: Release of goods, or

"Getting your goods back after they were held for possibly having fake brand names"

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

135ADetention of goods suspected of bearing infringing sign

  1. Any goods in the control of the Customs may be detained in the custody of the chief executive or a Customs officer if a Customs officer has reasonable cause to suspect that the goods are goods on or in physical relation to which an infringing sign is used.

  2. The chief executive must, as soon as is reasonably practicable after the goods are detained, take reasonable steps to notify the detention to—

  3. the owner of the trade mark (to enable that person to consider whether to give a notice under section 137); and
    1. the importer or exporter from whom the goods have been detained, if that person is identified but was not present when the detention took place.

      1. The detention of any goods under subsection (1) is not rendered illegal by a failure to serve notice under subsection (2)(a) or (b).

      Notes
      • Section 135A: inserted, on , by section 96 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).