s 82 Restriction of importation or exportation of infringing goods
82.—(1) A person who is the proprietor or a licensee of a registered trade mark may give the Director-General a written notice —(a) stating that the person is —(i) the proprietor of the registered trade mark; or (ii) a licensee thereof having the power to give such a notice; (b) stating that goods which, in relation to the registered trade mark, are infringing goods are expected to be imported or exported; (c) providing sufficient information —(i) to identify the goods; (ii) to enable the Director-General to ascertain when and where the goods are expected to be imported or exported; and (iii) to satisfy the Director-General that the goods are infringing goods; and (d) requesting the Director-General to seize the goods.[34/2018] (2) A notice under subsection (1) must be —(a) in the form determined by the Director‑General, and supported by such documents and information as the Director‑General may require; and (b) accompanied by the fee prescribed under section 81B.[34/2018] (3) A notice under subsection (1) remains in force until the 59th day after the day on which the notice was given, unless it is revoked, before the end of that period, by written notice given to the Director‑General —(a) if the person giving the firstmentioned notice is a licensee of the registered trade mark and the licensee has power to revoke the notice — by the licensee; (b) in any other case — by the person who is then the proprietor of the registered trade mark.[34/2018] (4) If —(a) a notice has been given under this section in respect of a registered trade mark; (b) the notice has not lapsed or been revoked; and (c) a person imports or proposes to export goods, not being goods in transit, which bear a sign that, or whose packaging bears a sign that, in the opinion of an authorised officer, is identical with or similar to the registered trade mark in question, an authorised officer may seize the goods. [34/2018] (5) The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide —(a) for the times at which, and the manner in which, notices are to be given; (b) for the giving of information and evidence to the Director‑General; and (c) that an authorised officer may refuse to seize any goods because of non-compliance with any direction of the Director‑General or any such rule.[34/2018]