Detention of goods bearing infringing sign

149 Detention of goods bearing infringing sign

(1)

If the chief executive considers that any imported 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—

(a)

the chief executive is served with an order made in proceedings under section 152 that the notice be discharged; or

(b)

the chief executive is served with an order made in proceedings under section 152 that the goods be released; or

(c)

any proceedings under section 153 in respect of those goods (including any appeal) are determined by a decision that the goods are not goods on or in physical relation to which an infringing sign is used that have been imported other than for private and domestic use; or

(d)

any proceedings under section 153 in respect of those goods, including any appeal, are abandoned; or

(e)

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 consignee.

(2)

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.

(3)

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.

Compare: 1953 No 66 s 54F(1), (2)