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TRADE MARKS ACT (CHAPTER 98) TRADE MARKS (IMPORTATION OF INFRINGING GOODS) REGULATIONS

TRADE MARKS ACT

(CHAPTER 98)

TRADE MARKS (IMPORTATION OF INFRINGING GOODS) REGULATIONS

Rg 1

1984 Ed. S 46/2000

REVISED EDITION 2000

(30th December 2000)

LAWS OF BRUNEI

SUBSIDIARY LEGISLATION

Regulations under section 106(1)

TRADE MARKS (IMPORTATION OF INFRINGING GOODS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

1. Citation.

2. Form of notice under section 82.

3. Evidence in support of claim.

4. Notice of assignment or transfer.

5. Security and indemnity.

6. Disposal of forfeited goods.

SCHEDULE

__________________________

SUBSIDIARY LEGISLATION

Regulations under section 106(1)

TRADE MARKS (IMPORTATION OF INFRINGING GOODS) REGULATIONS

Commencement: 1st June 2000

[S 18/2000]

Citation.

1. These Regulations may be cited as the Trade Marks (Importation of Infringing Goods) Regulations.

Form of notice under section 82.

2. Every notice under section 82 shall be in the form set out in theSchedule.

Evidence in support of claim.

3. (l) Every person who gives notice under section 82 shall furnish to the Controller of Customs evidence in support of the request contained in the notice.

(2) The Controller of Customs may direct that such evidence be furnishedwhen the notice is given or at any subsequent time.

Notice of assignment or transfer.

4. Every person who has given notice under section 82, in relation toa trade mark, shall inform the Controller of Customs in writing of —

(a) any assignment or transfer of that trade mark; and

(b) any change in any particulars contained in the notice or in anyevidence furnished to the Controller of Customs in support of the requestcontained in the notice.

Security and indemnity.

5. (l) Every person who has given notice under section 82 shall givesuch security, indemnity or both, to such persons, of such amount, and on suchterms and conditions, as may be determined by the Controller of Customs.

(2) The Controller of Customs may direct that any such security and indemnity be given when the notice is given or at any subsequent time.

(3) Every person to whom goods are to be or have been released undersubsection (l) of section 86 shall give such security, indemnity or both, tosuch persons, of such amount, and on such terms and conditions, as may bedetermined by the Controller of Customs.

Disposal of forfeited goods.

6. (l) Subject to sub-regulation (2), goods that have been forfeitedor ordered to be forfeited under sections 88 or 89 shall be sold, destroyed orotherwise dealt with, in such manner as may be determined by the Controller ofCustoms.

(2) Before determining that any goods that have been forfeited or ordered tobe forfeited should be sold, destroyed or otherwise dealt with, and beforedetermining the manner of any such sale, destruction or other dealing, theController of Customs shall have regard to the need to ensure that such sale,destruction or other dealing and the manner thereof, does not adversely affectthe registered proprietor or registered user of the trade mark.

SCHEDULE

FORM OF NOTICE UNDER SECTION 82

(regulation 2)

NOTICE REQUESTING DETENTION OF GOODS INFRINGING REGISTERED TRADE MARK

To the Controller of Customs

I/We (a) ............................... am/are (b) ................................. of Trade Mark No. ....................

in Class ............................

A copy of the registration of the trade mark is attached.

I/We hereby give notice requesting you to detain any infringing goods, inrelation to that trade mark, that are or at any time come into customscontrol.

This notice shall be in force for the (c) ............................................. My/our address for the service ofnotices is ....................................

Dated this .................................... day of..............................., 20 .

(d) ............................................

(a) Insert name of registered proprietor or registered user of trademark.

(b) Insert whether registered proprietor or registered user.

(c) Insert period that must not be longer than 5 years from the date of the notice or, if the registration of the trade mark will expire within 5 years from the date of the notice, not later than such date of expiry.

(d) Signature of applicant or authorised agent.