(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 Comptroller—
(a) if paragraph (b) does not apply within the period of one month from the date of the notice given to the objector in respect of the goods under section 117; or
(b) if—
(i) the objector has, before the end of the period specified in paragraph (a), applied in writing to the Comptroller for an extension of that period, and
(ii) the Comptroller, being satisfied that in the circumstances of the case it is fair and reasonable to do so, has extended that period for a number of working days not exceeding 10 days;
within the period as so extended by the Comptroller.
(2) The court hearing an action brought under subsection (1)—
(a) may, on the application of a person, allow the person to be joined as a defendant to the action; and
(b) shall allow the Comptroller 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 Government.
(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 3 months from the day on which the action was brought, there is not in force at any time an order of the court preventing the goods from being released, the Comptroller shall release the goods to their designated owner.
(6) If the court orders that the goods be released, the Comptroller shall, subject to section 123, comply with the order.