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

135B: Release of goods

You could also call this:

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

You can get your goods back if they were held because someone thought they had a fake brand name on them. This can happen in a few ways:

If nobody tells the chief executive within 3 working days that they think the goods are fake, the goods will be given back to you.

If someone does tell the chief executive they think the goods are fake within 3 working days, but later the chief executive decides not to keep holding the goods, they will be given back to you.

The chief executive might also give the goods back if they couldn’t tell you about holding them, or if they decide there’s no reason to keep holding them anymore.

When the chief executive gives the goods back, they can only do this if the goods aren’t being held for another reason. Also, you need to have followed all the rules about bringing goods into or out of the country, paid any security money if asked, and it’s not against the law to give the goods back to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS151149.

Topics:
Business > Intellectual property Money and consumer rights > Consumer protection
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135A: Detention of goods suspected of bearing infringing sign, or

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

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136: Application of sections 137 to 141, or

"Rules about certain signs on goods don't apply in some cases"

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

135BRelease of goods

  1. The goods are no longer detained under section 135A(1) if—

  2. no notice under section 137 is given in respect of the goods within 3 working days after the date on which notice was given under section 135A(2)(a); or
    1. a notice under section 137 is given in respect of the goods within 3 working days after the date on which notice was given under section 135A(2)(a) and—
      1. the notice given under section 137 is subsequently accepted under section 139 and the goods are subsequently detained under section 149; or
        1. the notice given under section 137 is subsequently declined under section 139; or
        2. the chief executive considers that it is not reasonably practicable for notice to be given under section 135A(2)(a); or
          1. the chief executive considers that there is no longer a reason to detain the goods.

            1. The chief executive must release any goods no longer detained under section 135A(1) to the person entitled to them.

            2. However, the chief executive may release goods under subsection (2) only if the goods are not detained under section 149 and if—

            3. every legal requirement as to the importation or exportation of the goods is satisfied; and
              1. every requirement made under any regulations that require the deposit of a security is satisfied; and
                1. the release of the goods is not contrary to law.

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