THE TRADE MARKS (BORDER ENFORCEMENT MEASURES) REGULATIONS, 2020
Explanatory Memorandum
The Trade Marks (Border Enforcement Measures) Regulations, 2020, which is subject to the negative resolution of Parliament seeks to provide for the effective regulation of border enforcement measures as it pertains to trade marks to ensure the efficient operation of the Trade Marks Act, No. 8 of 2015 (“the Act”).
Regulation 1 provides for the citation of the Regulations.
Regulation 2 provides for the interpretation of certain terms used in the Regulations.
Regulation 3 provides for notice to be given to the Comptroller of Customs and Excise (the Comptroller) under section 97(1) of the Act in respect of restricting the importation of infringing goods.
Regulation 4 provides the time and manner of the notice to be given to the Comptroller under section 97(1) of the Act.
Regulation 5 provides for further information and evidence to be submitted to the Comptroller within such time and in such form as the Comptroller may require.
Regulation 6 provides for change of particulars to be submitted to the Comptroller, in writing, within seven days of the change.
Regulation 7 provides for an Officer to refuse to seize goods to which a notice under section 97(1) of the Act relates, if the person who has given notice that infringing goods are expected to be imported fails to comply with any requirement by the Comptroller under these Regulations or any provisions of these Regulations.
Regulation 8 provides for a period not exceeding ten working days for instituting action for a registered trademark.
Regulation 9 provides for a period for extension of retention period not exceeding ten working days after the expiry of the period originally specified.
Regulation 10 provides for disposal of goods under section 102(3) of the Act in a prescribed manner, including destruction, as the Comptroller may from time to time direct, pursuant to the Customs Act, Chap 78:01.
Regulation 11 provides a prescribed period under section 109(3) of the Act, of two working days after the Comptroller has given the proprietor of the registered trade mark written notice or where the detained goods are goods that are to be exported from Trinidad and Tobago or are goods in transit within ten working days after the Comptroller has given the proprietor of the registered trade mark written notice referred to in section 109(2) of the Act.
Regulation 12 provides for the commencement of the Regulations.
The Schedule provides for the notice under section 97(1) of the Act.
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THE TRADE MARKS (BORDER ENFORCEMENT MEASURES) REGULATIONS, 2020
Arrangement of Regulations
Regulations
1. Citation
2. Interpretation
3. Notice under section 97(1) of the Act: infringing goods
4. Time and manner of giving notice
5. Further information and evidence
6. Change in particulars
7. Refusal to seize goods
8. Period for instituting action for registered trade mark
9. Period for extension of retention period
10. Disposal of forfeited goods under section 102 (3) of the Act
11. Prescribed period under section 109(3) of the Act: suspected counterfeit goods
12. Commencement
SCHEDULE
LEGAL NOTICE NO. 138
REPUBLIC OF TRINIDAD AND TOBAGO
THE TRADE MARKS ACT, NO. 8 OF 2015
REGULATIONS
MADE BY THE MINISTER UNDER SECTION 123 OF THE TRADE MARKS ACT, IN ACCORDANCE WITH SECTION 43 OF THE INTERPETATION ACT, CHAP. 3:01 AND SUBJECT TO NEGATIVE RESOLUTION OF PARLIAMENT
TRADE MARKS (BORDER ENFORCEMENT MEASURES) REGULATIONS 2020
1. These Regulations may be cited as the Trade Marks (Border Enforcement Measures) Regulations, 2020.
2. In these Regulations–
“Act’ means the Trade Marks Act;
“Comptroller” means the Comptroller of Customs and Excise referred to in section 2 of the Customs Act;
“Controller” means the Controller of the Intellectual Property Office as referred to under section 3 of the Patents Act;
“Officer” has the meaning assigned under section 2 of the Customs Act.
3. (1) A notice to the Comptroller under section 97(1) of the Act shall be in the form set out in the Schedule.
(2) The notice shall be accompanied by–
(a) a statutory declaration that the particulars in the notice are true;
(b) a fee of $500.00;
(c) a copy of the certificate of registration issued by the Controller under section 16(3) of the Act in relation to the registered trade mark specified in the notice;
(d) evidence that the registration of the registered trade mark was duly renewed at all times; and
(e) where the notice is given by a person as agent for the proprietor or licensee of the registered trade mark, whichever is appropriate, evidence of the authority of the person giving the notice.
Legal Supplement Part B–Vol. 59, No. 105–23rd June, 2020 881
Citation
Interpretation
Act No. 8 of 2015
Chap. 78:01
Chap. 82:76
Notice under section 97(1) of the Act: infringing goods
(3) The proprietor or licensee of the registered trade mark may appoint another person to act as his agent for the purpose of giving the notice in writing.
4. A notice to the Comptroller under section 97(1) of the Act shall be delivered to the Customs and Excise Division during such time as the Office of the Customs and Excise Division is open for business.
5. A person who has given a notice under section 97(1) of the Act to the Comptroller shall, as and when required by the Comptroller, give to the Comptroller such information and evidence within such time and in such form as the Comptroller may reasonably require.
6. A person who has given a notice under section 97(1) of the Act to the Comptroller shall notify the Comptroller in writing of any change in the particulars specified in the notice or affecting the notice within seven days of the change and further notice shall be given as the Comptroller may require.
7. An Officer may refuse to seize goods to which a notice under section 97(1) of the Act relates if the person who has given the notice fails to comply with–
(a) any requirement by the Comptroller under these Regulations; or
(b) any provision of these Regulations.
8. A notice given by the Comptroller under section 100(1) of the Act shall for the purposes of section 100(2)(a) specify a period not exceeding ten working days after the service of the notice on the objector.
9. Where under section 100(5) of the Act, the Comptroller extends the period specified by him pursuant to section 100(2)(a), the period of the extension shall not exceed ten working days after the expiry of the period originally specified.
10. For the purposes of section 102(3)(a) of the Act, the prescribed manner of disposal of forfeited goods shall be such manner of disposal, including destruction, as the Comptroller may from time to time direct pursuant to the Customs Act.
11. (1) For the purposes of section 109(3) of the Act, the prescribed period shall be–
(a) two working days after the Comptroller has given the written notice referred to in section 109(2) of the Act to the proprietor of the registered trade mark; or
882 Trade Marks (Border Enforcement Measures) Regulations, 2020
Time and manner of giving notice
Further information and evidence
Change in particulars
Refusal to seize goods
Period for instituting action for registered trade mark
Period for extension of retention period
Disposal of forfeited goods under section 102(3)(a) of the Act
Prescribed period under section 109(3) of the Act: suspected counterfeit goods
(b) where–
(i) the detained goods are goods that are to be exported from Trinidad and Tobago or are goods in transit; and
(ii) the proprietor of the registered trade mark has complied with section 109(3)(b)(iii) of the Act,
within ten working days after the Comptroller has given the proprietor of the registered trade mark the written notice referred to in section 109(2) of the Act.
(2) Upon the written request of the proprietor of the registered trade mark given to the Comptroller before the end of the prescribed period, the Comptroller may extend the prescribed period if he considers it reasonable to do so for a further period not exceeding ten working days after the expiry of the applicable period under subregulation (1).
12. These Regulations come into force on such day as the Trade Marks Act is proclaimed.
Trade Marks (Border Enforcement Measures) Regulations, 2020 883
Commencement
884 Trade Marks (Border Enforcement Measures) Regulations, 2020
Trade Marks (Border Enforcement Measures) Regulations, 2020 885
Dated this 17th day of June, 2020.
F. AL-RAWI Attorney General and Minister of Legal Affairs
PRINTED BY THE GOVERNMENT PRINTER, CARONI REPUBLIC OF TRINIDAD AND TOBAGO–2020
886 Trade Marks (Border Enforcement Measures) Regulations, 2020