CAP. 362]
Trade Descriptions
[1987 Ed.
Disclosure of information, etc.
Offences of obstruction and disclosure of information.
[cf. 1968 c. 29, s. 29.]
(3) If any person forcibly resists or attempts to evade arrest under this section, the authorized officer may use such force as is reasonably necessary to effect the arrest.
(Added, 2 of 1987, s. 2)
16C. (1) Where goods seized or detained under section 15 are, or are reasonably suspected by the Commissioner to be, goods to which a forged trade mark is applied, or to which a trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, the Commissioner shall, wherever reasonably practicable, notify the proprietor of the trade mark or his authorized agent of the seizure or detention, as the case may be.
(2) In the circumstances specified in subsection (1), the Commissioner may disclose to the proprietor of the trade mark or to his authorized agent-
(a) the time, and the address of the place, of seizure or detention of the goods;
(b) the name and address of the person from whom the goods have been seized or detained;
(c) the nature and quantity of the goods seized or detained;
(d) any statement made to the Commissioner by any person in connection with the seizure or detention, either with the prior consent in writing of that person or without such consent where that person is dead or cannot after reasonable enquiries by the Commissioner as to his whereabouts be found by the Commissioner;
(e) any other information or document relating to the goods seized or detained which the Commissioner thinks fit to disclose.
(3) The proprietor of a trade mark or his authorized agent-
(a) where he seeks disclosure of any information or document that is not referred to in subsection (2); or
(b) where information or a document that is referred to in subsection (2) is not disclosed by the Commissioner,
may apply to the High Court for an order requiring the Commissioner to disclose such information or document and the High Court may on such an application make such order for disclosure as it deems fit.
(4) An application under subsection (3) may be begun by motion with previous notice to the Commissioner.
(Added, 2 of 1987, s. 2)
17. (1) Without prejudice to any other Ordinance, any person who-
(a) wilfully obstructs an authorized officer in the exercise of his powers or the performance of his duties under this Ordinance;
Page 15
Page 16
14
CAP. 362]
Trade Descriptions
[1987 Ed.
Disclosure of information, etc.
Offences of
obstruction and disclosure of
information.
[cf. 1968 c. 29, s. 29.J
(3) If any person forcibly resists or attempts to evade arrest under this section, the authorized officer may use such force as is reasonably necessary to effect the arrest.
( Added, 2 of 1987, s. 2)
16C. (1) Where goods seized or detained under section 15 are, or are reasonably suspected by the Commissioner to be, goods to which a forged trade mark is applied, or to which a trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, the Commissioner shall, wherever reason- ably practicable, notify the proprietor of the trade mark or his authorized agent of the seizure or detention, as the case may be.
(2) In the circumstances specified in subsection (1), the Com- missioner may disclose to the proprietor of the trade mark or to his authorized agent-
(a) the time, and the address of the place, of seizure or
detention of the goods;
(b) the name and address of the person from whom the goods
have been seized or detained;
(c) the nature and quantity of the goods seized or detained; (d) any statement made to the Commissioner by any person in
connection with the seizure or detention, either with the prior consent in writing of that person or without such consent where that person is dead or cannot after reason- able enquiries by the Commissioner as to his whereabouts be found by the Commissioner;
(e) any other information or document relating to the goods seized or detained which the Commissioner thinks fit to disclose.
(3) The proprietor of a trade mark or his authorized agent- (a) where he seeks disclosure of any information or document
that is not referred to in subsection (2); or
(b) where information or a document that is referred to in
subsection (2) is not disclosed by the Commissioner,
may apply to the High Court for an order requiring the Com- missioner to disclose such information or document and the High Court may on such an application make such order for disclosure as it deems fit.
(4) An application under subsection (3) may be begun by motion with previous notice to the Commissioner.
(Added, 2 of 1987, s. 2)
17. (1) Without prejudice to any other Ordinance, any person who-
(a) wilfully obstructs an authorized officer in the exercise of his powers or the performance of his duties under this Ordinance;
Page 15Page 16
No comments yet.
Private notes are available after approval.