Revised Laws of Saint Lucia (2021)

119.   Release of goods to owner-no action for infringement

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    (1)   The Comptroller shall release the seized goods to their designated owner if, within the action period, the objector has not, or none of the objectors has—

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      (a)     brought an action for infringement of the notified trade mark in respect of the goods; and

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      (b)     given to the Comptroller notice in writing of the action.

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    (2)   The Comptroller shall also release the seized goods to their designated owner if—

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      (a)     before the end of the action period, the objector or each of the objectors has, by notice in writing to the Comptroller, consented to the release of the goods; and

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      (b)     at that time—

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        (i)     the objector has not, or none of the objectors has, brought an action for infringement of the notified trade mark in respect of the goods, or

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        (ii)     any action brought by an objector has been withdrawn.

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    (3)   The Comptroller may release the seized goods to their designated owner at any time before the end of the action period if—

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      (a)     the Comptroller, having regard to information that has come to his or her knowledge after the goods were seized, is satisfied that there are no reasonable grounds for believing that the notified trade mark has been infringed by the importation of the goods; and

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      (b)     the objector has not, or none of the objectors has, brought an action for infringement of the notified trade mark in respect of the goods.

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    (4)   In this section “action period”, in relation to seized goods, means—

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      (a)     if there is only one objector to the importation of the goods, the period within which the objector may bring an action for infringement of the registered trade mark in respect of goods under section 120(1); or

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      (b)     if there is more than one objector to the importation of the goods-the period beginning on the earliest day on which an objector may bring an action for infringement of the registered trade mark in respect of the goods under section 120(1) and ending at the end of the last day on which an objector may bring such an action under section 120(1).