Section 19
Meaning of “infringing goods, material or articles”
(1)
Goods are “infringing goods”, in relation to a registered trade mark, if they or their packaging bear a sign identical or similar to that mark and —
(a)
the application of the sign to the goods or their packaging was an infringement of the registered trade mark;
(b)
the goods are proposed to be imported and the application of the sign in Brunei Darussalam to them or their packaging would be an infringement of the registered trade mark; or
(c)
the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.
Trade Marks
B.L.R.O. 6/2022 27
(2)
Material is “infringing material”, in relation to a registered trade mark, if it bears a sign identical with or similar to that mark and either —
(a)
it is used for labelling or packaging goods, as a business paper or for advertising goods or services, in such a way as to infringe the registered trade mark; or
(b)
it is intended to be so used and such use would infringe the registered trade mark.
(3)
“Infringing articles”, in relation to a registered trade mark, means articles —
(a)
which are specifically designed or adapted for making copies of a sign identical or similar to that mark; and
(b)
which a person has in his possession, custody or control, knowing or having reason to believe that they have been or are to be used to produce infringing goods or infringing material.
Period after which remedy of delivery up not available 20.
(1)
An application for an order under section 18 may not be made after the end of the period of 6 years from —
(a)
in the case of infringing goods, the date on which the trade mark was applied to the goods or their packaging;
(b)
in the case of infringing material, the date on which the trade mark was applied to the material; or
(c)
in the case of infringing articles, the date on which they were made, except as mentioned in subsection (2).
(2)
If, during the whole or part of that period, the proprietor of the registered trade mark —
(a)
is under a disability; or
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(b)
is prevented by fraud or concealment from discovering the facts entitling him to apply for an order, an application may be made at any time before the end of the period of 6 years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.
(3)
In subsection (2), “disability” has the same meaning as in section 4(2) of the Limitation Act (Chapter 14).
Order as to disposal of infringing goods etc.