P AT ENTS, CO PYR IG HT AND D ESIG NS: ACT
24/ 1937(1)
ss.1-4
THE MER CH A NDISE M ARKS REGULATIO NS
(under section 13 of the Act )
Datl' of commencemen t .. 22nd April, 1937.
Detention of certain prohibited import s.
Goods prohi bited to be imported, as having app lied to them fo rged tra de marks,
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fa lse tr ade descriptions, or figures, letters, ma rks, names, words, or descripti ons o therw ise
illegal , whic h upon examinat ion may be detected by the officers of c usto ms , are to be detain ed
by them wit hout the requirement of previ ous information.
information to be give n by informan t.
2.
In giving information with a view to detention, an informan t sha ll
(a) give to the director of customs or a custo ms officer at the port of entry or
expected imp ort at ion , notice in writing, sta ting : the marks and number s,
or other description s sufficient for the identification of the package s and
goods , the mod e of conveyance, th e manner in wh ich the goo ds infringe the
Act , a nd the expected day of the a rr ival of the goo ds; and
(b) deposit with the direc to r of cus tom s a sum sufficient in the opi nio n of that
officer to cover an y additiona l expense which may be incur red in th e exam
inati on req uired by reason of h is noti ce.
Delivery and detention ofgoods upon arrival and ex am ination.
(1 ) If up on arrival and examination of the goods, the director of customs is satisfied
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that there exists no gro und for their de tention , the y will be delivered.
(2) If he is not sa tisfied, he s ha ll detai n the goods, as in a case of detention upon
ordina ry examin ation , or require security from the informant for reim burs ing him or his
officers all expe nses and damages incurred in respect of the deten tion mad e on the information
given and of an y proceedings con seque nt thereon.
S ecurity required.
4.
(1) The security thus req uired mu st be an immediat e ad valorem dep osit of twent y
rand per centum on the value of the goods as fixed by the officer fro m th e qu an tities or value
as shown hy the entry (or as ma y be asses sed on examina tion ) and also su bsequent ly a bond
to be completed with in fo ur days in double such value of the goods with two a pproved
sure ties.
(2) Th e ad valorem dep osit will be returned up on due co mp letion of the bond, and
need not be required to be made at all if, as a n alte rna tive, where time permits, the informant
prefer s to give a like bond , before examina tion , up on the estimated value of the goo ds
declar ed to by him , und er solemn decla ration and approved by the director of customs.
(3) If the security is not dul y given, as requ ired by this regul ation , th e goods shall not
be furthe r detained.
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