关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 金融 无形资产 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决 按管辖区浏览

商标法(修正案)1997(1997年第31号法), 特立尼达和多巴哥

返回
废止文本 
详情 详情 版本年份 1997 日期 生效: 1997年9月5日 同意: 1997年9月5日 通过: 1997年6月10日 文本类型 主要知识产权法 主题 商标, 知识产权监管机构 特立尼达和多巴哥根据TRIPS第63条第2款发给世贸组织的通知中称: “本修正案涉及对货物包装和外形的保护。其根据专利法1996第S3(1)条指定商标法的管理机构,并规定了海关当局在“进口货物通知”管控和关税方面的职责。”

可用资料

主要文本 相关文本
主要文本 主要文本 英语 Trade Marks (Amendment) Act 1997 (Act No. 31 of 1997)        
TT010: Marks (Packaging), Act (Amendment), 10/06/1997, No. 31

Act No. 31 of 1997

[L.S.]

An Act to amend the Trade Marks Act, Chap. 82:81

[Assented to 5th September, 1997]

Enactment

Enacted by the Parliament of Trinidad and Tobago as follows:-

Short title

1. This Act may be cited as the Trade Marks (Amendment) Act, 1997.

Interpretation Chap. 82:81

2. In this Act, "the Act" means the Trade Marks Act.

Section 2 amended

3. Section 2 of the Act is amended-

(a) in subsection (1)-

(i) in the definition of mark in paragraph (a) by inserting after the word "thereof" the words "or packaging of goods or their shape provided, however, that the trade mark does not exclusively consist of the shape which results from the nature of the goods themselves, or which is necessary to obtain a technical result or which gives substantial value to the goods";

(ii) by inserting in the appropriate alphabetical sequence the following definitions:

"Controller" has the same meaning assigned to it under section 2 of the Patents Act, 1996;

Act No. 21 of 1996

"designated owner" means the person identified as the importer of the goods on the entry made in relation to the goods under the Customs Act;

Chap. 78:01

"Intellectual Property Office" has the meaning assigned to it under section 2 of the Patents Act, 1996;

"notified trade mark" means a trade mark in respect of which a notice under section 71A is in force;

"objector" means any person who has given under section 71A a notice in respect of those goods that are in force;";

(iii) by deleting the definition of "Registrar";

(b) by repealing subsection (2) and substituting the following subsection:

(2) A reference in this Act to the use of a trade mark shall be construed as a reference to the use of a printed or other visual representation of the trade mark and-

(a) in relation to goods, shall be construed as a reference to the use of the trade mark upon, or in physical or other relation to goods; and

(b) in relation to services, shall, be construed as a reference to-

(i) the use of the trade mark; or

(ii) part of a statement about the use of the trade mark,

at or near the place where the services are available for acceptance or are performed or otherwise in relation to services.".

Section 3A inserted

4. The Act is amended by inserting after section 3 the following section:

"Application of Act to trade marks for services

3A. The provisions of this Act with respect to trade marks relating to goods apply mutatis mutandis to trade marks relating to services.".

Section 51 amended

5. Section 51(1) of the Act is amended-

(a) in paragraph (f) by deleting the full stop and substituting a semicolon;

(b) by inserting after paragraph (f) the following paragraph:

"(g) for the regulation of customs and border measures.".

Sections 65 and 66 repealed

6. Sections 65 and 66 of the Act are repealed.

Section 66A amended

7. Section 66A of the Act is amended by substituting for the word "sign" wherever it occurs the word "mark".

Section 66B amended

8. Section 66B of the Act is amended by substituting for the word "sign" wherever it occurs the word "mark".

Section 69A repealed

9. Section 69A of the Act is repealed.

Sections 71A-71L inserted

10. The Act is amended by inserting after section 71 the following sections:

"Notice of objection to importation

71A. (1) The registered owner of a registered trade mark may give to the Comptroller of Customs and Excise a notice in the prescribed form objecting to the importation after the date of the notice of goods that infringe the trade mark, and the notice shall be given together with any prescribed document.

(2) Where-

(a) the registered owner of the registered trade mark has not given a notice under subsection (1); or

(b) any notice given under subsection (1) is no longer in force,

a registered user of the trade mark having power to give a notice under subsection (1) may ask the registered owner to give such a notice in respect of the trade mark.

(3) Where the registered owner does not comply with the request within the prescribed period the registered user may give the notice to the Comptroller of Customs and Excise and the registered user shall give also to the Comptroller, together with the notice-

(a) any document prescribed for the purposes of subsection (1); and

(b) any other prescribed document.

(4) A notice given by the registered owner of a registered trade mark remains in force for two years from the day on which the notice is given unless it is revoked, before the end of that period, by notice in writing given to the Comptroller of Customs and Excise by the person who is then the registered owner of the registered trade mark.

(5) A notice given by a registered user of the registered trade mark remains in force for two years unless it is revoked, before the end of that period, by notice in writing given to the Comptroller of Customs and Excise-

(a) if the registered user has power to revoke the notice, by the registered user; or

(b) in any other case by the person who is then the registered owner of the registered trade mark.

Comptroller of Customs and Excise

71b. (1) This section applies to goods manufactured outside Trinidad and Tobago that-

(a) are imported into Trinidad and Tobago; and

(b) are subject to the control of the Comptroller of Customs and Excise pursuant to the Customs Act.

Chap. 78:01

(2) Where goods to which this section applies-

(a) have applied to them or in relation to them a mark that, in the opinion of the Comptroller of Customs and Excise, is substantially identical with, or deceptively similar to, a notified trade mark; and

(b) are goods in respect of which the notified trade mark is registered or for similar or related goods for which the mark is registered,

the Comptroller of Customs and Excise shall seize the goods unless satisfied that there are no reasonable grounds for believing that the notified trade mark is infringed by the importation of the goods.

(3) The Comptroller of Customs and Excise may from time to time require the objector who has given notice under section 71a, to give the Comptroller security or further security within such time and in such manner, whether by way of bond, deposit of a sum of money or otherwise, as the Comptroller may specify, against all actions, proceedings, claims and demands which may be taken or made against, or cost and expenses which may be incurred by, the Comptroller in consequence of the seizure of goods to which the notice relates.

(4) The Comptroller of Customs and Excise may decide not to seize the goods if he has not been given by the objector, such security in accordance with subsection (3).

(5) Goods seized under this section shall be kept in a secure place as directed by the Comptroller of Customs and Excise.

Notice of seizure

71c. (1) The Comptroller of Customs and Excise shall, as soon as practicable-

(a) give (either personally or by post) to the designated owner of any seized goods a notice in writing identifying the goods and stating that they have been seized under section 71b; and

(b) give (either personally or by post) to the objector, or to each objector, a notice in the prescribed form-

(i) identifying the goods and stating that they have been seized under section 71b;

(ii) giving the full name and address of the designated owner of the goods and any information that the Comptroller of Customs and Excise has and that he believes, on reasonable grounds, to be likely to help the objector to identify the importer of the goods; and

(iii) stating that the goods will be released to the designated owner unless the objector or one of the objectors brings an action for infringement of the notified trade mark in respect of the goods, and gives to the Comptroller of Customs and Excise notice in writing of the action, within the period of ten working days after he has been given the notice or, if the Comptroller of Customs and Excise extends that period under section 71f, within the extended period.

(2) Where the Comptroller of Customs and Excise gives notice under subsection (1), the Comptroller shall allow the designated owner and the objector sufficient opportunity to inspect the seized goods for the purposes of substantiating any claim.

Forfeiture of goods

71d. (1) The designated owner of any seized goods may, at any time before an objector starts an action for infringement of a notified trade mark in respect of the goods, consent to the goods being forfeited to the State by giving notice in the prescribed form to that effect to the Comptroller of Customs and Excise.

(2) Where the designated owner gives such a notice, the goods are forfeited to the State.

Release of goods to owner-no action for infringement

71e. (1) The Comptroller shall release the seized goods to their designated owner if within the action period, the objector has not, or none of the objectors has-

(a) brought an action for infringement of the notified trade mark in respect of the goods; and

(b) given to the Comptroller of Customs and Excise notice in writing of the action in the prescribed form.

(2) The Comptroller of Customs and Excise shall also release the seized goods to their designated owner if-

(a) before the end of the action period, the objector or each of the objectors has, by notice in the prescribed form to the Comptroller of Customs and Excise, consented to the release of the goods; and

(b) at that time-

(i) the objector has not, or none of the objectors has, brought an action for infringement of the notified trade mark in respect of the goods; or

(ii) any action brought by an objector has been withdrawn.

(3) The Comptroller of Customs and Excise may release the seized goods to their designated owner at any time before the end of the action period if-

(a) the Comptroller of Customs and Excise, having regard to information that has come to his knowledge after the goods were seized, is satisfied that there are no reasonable grounds for believing that the notified trade mark has been infringed by the importation of the goods; and

(b) the objector has not, or none of the objectors has, brought an action for infringement of the notified trade mark in respect of the goods.

(4) In this section, "action period", in relation to seized goods, means-

(a) if there is only one objector to the importation of the goods, the period within which the objector may bring an action for infringement of the registered trade mark in respect of goods under section 71f; or

(b) if there is more than one objector to the importation of the goods, the period beginning on the earliest day on which an objector may bring an action for infringement of the registered trade mark in respect of the goods under section 71f and ending at the end of the last day on which an objector may bring such an action under section 71f.

Action for infringement

71f. (1) An objector may bring an action for infringement of a notified trade mark in respect of seized goods and give notice of it in the prescribed form to the Comptroller of Customs and Excise-

(a) where paragraph (b) does not apply, within the notified period of ten working days specified in the notice given to the objector in respect of the goods under section 71c; or

(b) where-

(i) the objector has, before the end of the notified period, applied in writing to the Comptroller of Customs and Excise for an extension of the notified period; and

(ii) the Comptroller of Customs and Excise, being satisfied that in the circumstances of the case it is fair and reasonable to do so, has extended the notified period for a number of working days not exceeding ten, within that period as so extended by the Comptroller of Customs and Excise.

(2) The court hearing the action-

(a) may, on the application of a person, allow the person to be joined as a defendant to the action; and

(b) shall allow the Comptroller of Customs and Excise to appear and be heard.

(3) In addition to any relief that the court may grant apart from this section, the court may-

(a) at any time, if it thinks it just, order that the seized goods be released to their designated owner subject to any conditions that the court considers fit to impose; or

(b) order that the seized goods be forfeited to the State.

(4) Where-

(a) the court decides that the trade mark was not infringed by the importation of the goods; and

(b) the designated owner of the goods, or any other defendant, satisfies the court that he has suffered loss or damage because the goods were seized, the court may order the objector to pay to the designated owner or other defendant compensation, in the amount determined by the court, for any part of that loss or damage that is attributable to any period beginning on or after the day on which the action was brought.

(5) Where, after three weeks from the day on which the action was brought, there is not in force at any time an order of the court preventing the goods from being released, the Comptroller of Customs and Excise shall release the goods to their designated owner.

(6) Where the court orders that the goods be released, the Comptroller shall, subject to section 71i, comply with the order.

Action for infringement by registered user

71g. Notwithstanding section 37(3), where a registered user of a notified trade mark is an objector in relation to any seized goods, the registered user may start an action for the infringement of the trade mark in respect of the goods within the required period without first ascertaining whether the registered owner is willing to bring the action.

Forfeited goods-how to be disposed of

71h. Where-

(a) goods are forfeited to the State under section 71d; or

(b) the court orders under section 71f that goods be forfeited to the State,

the goods are to be destroyed or otherwise disposed of as the Comptroller of Customs and Excise directs, except that in the case of counterfeit goods, the Comptroller shall not permit the re-exportation of those goods in an unaltered state other than in exceptional circumstances.

Power of Comptroller to retain control of goods

71i. The Comptroller of Customs and Excise-

(a) shall not release, or dispose of, any seized goods; or

(b) shall not take any action in relation to the goods to give effect to any order of a court under section 71f,

if the Comptroller is required or allowed to retain control of the goods under any other law of Trinidad and Tobago.

Insufficient security

71j If security given under section 71b(3) by the objector who gave notice under section 71a in respect of a trade mark is not sufficient to meet the expenses incurred by the State as a result of the action taken by the Comptroller of Customs and Excise under this Act because of the notice, the amount of the difference between those expenses and the amount of security-

(a) is a debt due by the objector, or by the objectors jointly or each of them separately, to the State; and

(b) may be recovered by an action taken in a court of competent jurisdiction.

State not liable for loss etc., suffered because of seizure

71k. The State is not liable for any loss or damage suffered by a person-

(a) because the Comptroller of Customs and Excise seized, or failed to seize, goods under this Act; or

(b) because of the release of any seized goods.

Power to require information

71l. (1) Where-

(a) goods that may be seized under this Act are imported into Trinidad and Tobago; and

(b) the Comptroller of Customs and Excise relying on information received, is satisfied on reasonable grounds that the use of a trade mark applied to or in relation to those goods is fraudulent,

the Comptroller of Customs and Excise may ask the importer of the goods-

(c) to produce any document in his or her possession relating to the goods; and

(d) to give information about-

(i) the name and address of the person by whom the goods were consigned to Trinidad and Tobago; and

(ii) the name and address of the person in Trinidad and Tobago to whom the goods were consigned.

(2) Where the importer intentionally or recklessly fails to comply with the request within the prescribed period, the importer is guilty of an offence punishable, on conviction, by imprisonment for a period not exceeding six months."

Importation for personal use

71m. Notwithstanding the provisions of sections 71a to 71l, the importation by a natural person for his own personal use of not more than five of the same items bearing a registered trade mark in respect of which a notice has been given in accordance with section 71a shall be permitted, except that the Comptroller of Customs and Excise may permit the importation of a greater number of items if he is satisfied that they are for the personal use of the natural person.

"Controller" substituted for "Registrar"

11. The Act is amended by deleting the words "Registrar" and "Registrar General" wherever they occur and substituting the word "Controller".

Commencement

12. Section 11 and the definitions of "Controller" and "Intellectual Property Office" provided for by section 3(a)(ii) shall come into force on the date of the proclamation of the Patents Act, 1996.

Act No. 21 of 1966

Passed in the House of Representatives this 11th day of April, 1997.

J. SAMPSON

Clerk of the House

Passed in the Senate this 10th day of June, 1997.

N. COX

Clerk of the Senate


立法 修正 (1 文本) 修正 (1 文本) 被以下文本废止 (1 文本) 被以下文本废止 (1 文本) 世贸组织文件号
IP/N/1/TTO/T/1
无可用数据。

WIPO Lex编号 TT010