Section 59
Detention and examination of goods
of Plant Varieties Protection Act
(1)
Notwithstanding section 47(4), any authorised officer may —
(a)
detain any goods —
(i)
that are imported into, or that are to be exported from,
Brunei Darussalam; and
(ii)
that are not goods in transit, unless the goods are consigned to any person with a commercial or physical presence in Brunei Darussalam; or
(b)
examine any goods, including goods in transit, which he reasonably suspects are infringed goods in relation to a grant of protection.
(2)
As soon as practicable after goods are detained under subsection (1)(a), the Controller shall give —
(a)
to the importer, exporter or consignee, as the case may be, of the detained goods; and
(b)
to the breeder of the protected variety, a written notice identifying the goods, stating that they have been detained and setting out the matters referred to in subsection (3).
(3)
The detained goods shall be released to the importer, exporter or consignee, as the case may be, of the goods, unless, within the prescribed period, the grantee in relation to the protected plant variety —
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(a)
in the case of goods that are imported into
Brunei Darussalam and that are not goods in transit —
(i)
gives the Controller a written notice referred to in section 47(1);
(ii)
submits the documents and information, and pays the fee, referred to in section 47(2);
(iii)
deposits with the Controller the sum of money referred to in section 48(a) or gives the security referred to in section 48(b); or
(b)
in the case of goods that are to be exported from
Brunei Darussalam or goods in transit that are consigned to a person with a commercial or physical presence in Brunei Darussalam —
(i)
institutes an action for the infringement in respect of his grant of protection;
(ii)
serves on the Controller an order of the Court authorising the further detention of the goods; and
(iii)
deposits with the Controller a sum of money that, in the opinion of the Controller, is sufficient to —
(A)
reimburse the Government for any liability or expense it has incurred and is likely to further incur as a result of the detention of the goods;
and
(B)
pay such compensation to any person who suffers loss or damage as a result of the detention of the goods as may be ordered by the
Court; or gives security, to the satisfaction of the Controller, for the reimbursement of the Government for any such liability or expense and the payment of such compensation.
(4)
Every order of the Court authorising the further detention of goods under subsection (3)(b)(ii) shall be subject to the condition that the grantee complies with subsection (3)(b)(iii) within the period prescribed under subsection (3).
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(5)
Where the Court has made an order authorising the further detention of goods under subsection (3)(b) —
(a)
the detained goods shall be taken to such secure place as the
Controller directs; and
(b)
sections 51, 52 and 54 to 58 apply, with the necessary modifications, to the further detention of the goods, and for the purposes of such application —
(i)
any reference to the objector shall be read as a reference to the grantee in relation to the grant of protection;
(ii)
any reference to the importer shall be read as a reference to the exporter or consignee, as the case may be, of the detained goods;
(iii)
any reference to the seized goods shall be read as a reference to the detained goods;
(iv)
any reference to the seizure of goods shall be read as a reference to the detention or further detention of the goods;
(v)
any reference to the import or importation of goods shall be read —
(A)
in the case of goods that are to be exported from
Brunei Darussalam, as a reference to the export of the goods; or
(B)
in the case of goods in transit that are consigned to a person with a commercial or physical presence in Brunei Darussalam, as a reference to the import, importation or export, of the goods by the consignee;
(vi)
any reference to infringement action shall be read as a reference to an action for the infringement of the protected plant variety under subsection (3)(b)(i); and
(vii)
any reference to the retention period shall be read as a reference to the prescribed period under subsection (3).
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