Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 133

             (1)  This section applies to goods manufactured outside Australia that:

                     (a)  are imported into Australia; and

                     (b)  are subject to the control of the Customs within the meaning of the Customs Act 1901 .

             (2)  If goods to which this section applies:

                     (a)  have applied to them or in relation to them a sign that, in the opinion of the Customs CEO, is substantially identical with, or deceptively similar to, a notified trade mark; and

                     (b)  are goods in respect of which the notified trade mark is registered;

the Customs CEO must seize the goods unless he or she is satisfied that there are no reasonable grounds for believing that the notified trade mark is infringed by the importation of the goods.

Note 1:       For applied to or in relation to goods see section 9.

Note 2:       For deceptively similar see section 10.

Note 3:       For notified trade mark see section 6.

             (3)  Subject to subsection (3A), the Customs CEO may decide not to seize the goods unless he or she has been given by the objector (or by one or more of the objectors) a written undertaking acceptable to the Customs CEO to repay to the Commonwealth the expenses of seizing the goods.

Note:          For objector see section 6.

          (3A)  The Customs CEO may decide not to seize the goods unless he or she has been given by the objector (or one or more of the objectors), instead of an undertaking, security in an amount that the Customs CEO considers sufficient to repay to the Commonwealth the expenses of seizing the goods if:

                     (a)  an amount payable under an undertaking given by the objector (or one or more of the objectors) in relation to other goods has not been paid in accordance with the undertaking; and

                     (b)  the Customs CEO considers it reasonable in all the circumstances to require the security.

          (3B)  An undertaking may be withdrawn or varied if the Customs CEO consents in writing to a written request from the objector or objectors to do so.

             (4)  Goods seized under this section must be kept in a secure place as directed by the Customs CEO.

             (5)  In this section:

"expenses of seizing goods" means the expenses that may be incurred by the Commonwealth if the goods were seized.