Section 53
Compulsory release of seized goods to importer
of Plant Varieties Protection Act
(1)
The Controller shall release seized goods (not being goods forfeited to the Government under section 52) to the importer on the expiration of the retention period for the goods if the objector has not, before the expiration of that period —
(a)
instituted an infringement action in relation to the goods;
and
(b)
given written notice to the Controller stating that the action has been instituted.
Plant Varieties Protection
B.L.R.O. 9/2022 41
(2)
If —
(a)
an infringement action has been instituted in relation to the seized goods; and
(b)
at the end of a period of 20 days commencing on the day on which the action was instituted, there is not in force an order of the
Court in which the action was instituted preventing the release of the goods, the Controller shall release the goods to the importer.
(3)
If the objector gives written notice to the Controller stating that he consents to the release of the seized goods, the Controller shall release the goods to the importer.
(4)
This section has effect subject to section 56.