Trade Marks Ordinance, 2001 — section 59

59. Release of goods..—_(1) The 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any competent authority under the Custom Act, 1969 (IV of 1969)] shall release the seized goods to their designated importer, consignee or owner if, within the specified period, the applicant has not

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

(b)given to the 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any competent authority under the Custom Act, 1969 (IV of 1969)] notice in writing of the action.

(2)The 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any competent authority under the Custom Act, 1969 (IV of 1969)] shall also release the seized goods to their designated importer, consignee or owner if

(a)before the end of the prescribed period, the applicant, by notice in writing to the 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any competent authority under the Custom Act, 1969 (IV of 1969)], consented to the release of the goods; and

(b)at that time, 1 Subs. by Act No. LVIII of 2023, ss. 19-21.

(i)the applicant has not brought an action for infringement of the registered trade mark in respect of the goods; or

(ii)the action brought by the applicant has been withdrawn.

(3)The 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any competent authority under the Custom Act, 1969 (IV of 1969)] may release the seized goods to their designated importer, consignee or owner before the end of the specified period if

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

(b)the applicant has not so far brought an action for infringement of the registered trade mark in respect of the goods, or has not informed him of such an action.