PART 3 | EX-OFFICIO SEIZURE OF GOODS |
[S 750/2019 wef 21/11/2019] | Period under section 93B(1) of Act |
| 10. For the purposes of section 93B(1) of the Act, the prescribed period is 48 hours after the date of the written notice mentioned in section 93A(3) of the Act. [S 750/2019 wef 21/11/2019] |
| Notice under section 93B(1) of Act |
11.—(1) A notice to the Director-General under section 93B(1) of the Act must be supported by the following documents and information:| (a) | a statutory declaration that the particulars in the notice are true; | | (b) | a copy of the certificate of registration issued by the Registrar under section 15(3) of the Act in relation to the registered trade mark specified in the notice; | | (c) | evidence that the registration of the registered trade mark was duly renewed at all times; | | (d) | where the notice is given by a person as agent for the proprietor of the registered trade mark, evidence of the authority of the person giving the notice. |
| (2) The notice must be accompanied by the fee prescribed in the Trade Marks (Border Enforcement Measures Fees) Rules 2019. |
| (3) The proprietor of the registered trade mark may appoint another person to act as his or her agent for the purpose of giving the notice. [S 750/2019 wef 21/11/2019] |
|
| Time and manner of giving notice under section 93B(1) of Act |
| 12. A notice to the Director-General under section 93B(1) of the Act must be delivered to the Singapore Customs during any time that the office of the Singapore Customs is open for business. [S 750/2019 wef 21/11/2019] |
| Further information and evidence for notice under section 93B(1) of Act |
| 13. A person who has given a notice under section 93B(1) of the Act to the Director‑General must, as and when required by the Director‑General, give to the Director‑General any information and evidence within any time and in any form that the Director‑General may reasonably require. [S 750/2019 wef 21/11/2019] |
| Change in particulars of notice under section 93B(1) of Act |
| 14. A person who has given a notice under section 93B(1) of the Act to the Director‑General must notify the Director‑General in writing of any change in the particulars specified in the notice or affecting the notice within 7 days of the change, and provide any document and information in relation to the change that the Director‑General may reasonably require. [S 750/2019 wef 21/11/2019] |
| Release of seized goods to dealer under section 93B of Act |
15. The Director-General may release the seized goods in relation to which a notice has been given under section 93B(1) of the Act to the dealer concerned, if the person who gave the notice fails to comply with —| (a) | any direction of the Director‑General; or | | (b) | any provision of these Rules. [S 750/2019 wef 21/11/2019] |
|
| Period under section 93C(1)(a) of Act for instituting infringement action |
| 16. For the purposes of section 93C(1)(a) of the Act, the prescribed period is 10 working days after the day specified in the notice mentioned in section 93C(1) of the Act. [S 750/2019 wef 21/11/2019] |
| Period for extension of initial period under section 85(6) of Act as applied by section 93C(2) of Act |
| 17. For the purposes of section 85(6) of the Act as applied by section 93C(2) of the Act, the prescribed period is 10 working days after the end of the initial period mentioned in section 85(6) of the Act. [S 750/2019 wef 21/11/2019] |
| Written undertakings for forfeiture of seized goods by consent under section 93F of Act |
18. For the purposes of section 93F(1) of the Act, the prescribed written undertakings are that the dealer must —| (a) | propose an arrangement for the disposal of the seized goods for the Director-General’s approval; and | | (b) | dispose of the seized goods in accordance with an arrangement approved by the Director-General —| (i) | within one month after the date of a notice given by the Director-General; and | | (ii) | under the supervision of an officer of customs. [S 750/2019 wef 21/11/2019] |
|
|
| Disposal of seized goods forfeited by consent under section 93F of Act |
19.—(1) Upon forfeiture of the seized goods to the Government under section 93F(3) of the Act, the goods must be disposed of by the dealer in accordance with an arrangement approved by the Director-General —| (a) | within one month after the date of a notice given by the Director-General; and | | (b) | under the supervision of an officer of customs. |
| (2) If the dealer does not dispose of the seized goods within the period mentioned in paragraph (1)(a), the Director-General must dispose of those goods in any manner that the Director-General deems fit. [S 750/2019 wef 21/11/2019] |
|
|