Revised Laws of Saint Lucia (2021)

116.   Comptroller may seize goods infringing trade mark

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    (1)   This section applies to goods manufactured outside Saint Lucia that—

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      (a)     are imported into Saint Lucia; and

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      (b)     are subject to the control of Customs under the Customs (Control and Management) Act.

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    (2)   If goods to which this section applies—

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

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

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    the Comptroller shall 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.

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    (3)   The Comptroller may decide not to seize the goods if he or she has not been given by the objector, or by one or more of the objectors, security in an amount that he or she considers sufficient to repay to the Government the expense that may be incurred by the Government if the goods were seized.

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    (4)   Goods seized under this section shall be kept in a secure place as directed by the Comptroller.