Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 137

             (1)  An objector may bring an action for infringement of a notified trade mark in respect of seized goods and give notice of it to the Customs CEO:

                     (a)  if paragraph (b) does not apply--within the period ( notified period ) of 10 working days specified in the notice given to the objector in respect of the goods under section 134; or

                     (b)  if:

                              (i)  the objector has, before the end of the notified period, applied in writing to the Customs CEO for an extension of the notified period; and

                             (ii)  the Customs CEO, being satisfied that in the circumstances of the case it is fair and reasonable to do so, has extended the notified period for a number of working days not exceeding 10;

                            within that period as so extended by the Customs CEO.

Note:          For objector , notified trade mark and seized goods see section 6.

             (2)  The court hearing the action:

                     (a)  may, on the application of a person, allow the person to be joined as a defendant to the action; and

                     (b)  must allow the Customs CEO to appear and be heard.

             (3)  In addition to any relief that the court may grant apart from this section, the court may:

                     (a)  at any time, if it thinks it just, order that the seized goods be released to their designated owner subject to the conditions (if any) that the court considers fit to impose; or

                     (b)  order that the seized goods be forfeited to the Commonwealth.

Note:          For seized goods and designated owner see section 6.

             (4)  If:

                     (a)  the court decides that the trade mark was not infringed by the importation of the goods; and

                     (b)  the designated owner of the goods, or any other defendant, satisfies the court that he or she has suffered loss or damage because the goods were seized;

the court may order the objector to pay to the designated owner or other defendant compensation, in the amount determined by the court, for any part of that loss or damage that is attributable to any period beginning on or after the day on which the action was brought.

             (5)  If, after 20 working days from the day on which the action was brought, there is not in force at any time an order of the court directed at the Customs CEO preventing the goods from being released, the Customs CEO must release the goods to their designated owner.

             (6)  If the court orders that the goods be released, the Customs CEO must, subject to section 140, comply with the order.