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The Merchandise Marks Regulations

 Merchandise Marks Regulations

P AT ENTS, COPYRIGHT AND D ESIGNS: ACT 24/ 1937(1) ss.1-4

THE MER CH ANDISE M ARKS REGULATIONS

(under section 13 of the Act )

Datl' of commencemen t .. 22nd April, 1937.

Detention of certain prohibited imports.

I . Goods prohibited to be imported, as having app lied to them fo rged tra de marks, fa lse tr ade descriptions, or figures, le tters, ma rks, names, words, or descripti ons o therw ise illegal , which upon examinat ion may be detected by the officers of customs, are to be detained by them without the requirement of previ ous information.

information to be given by informant.

2. In giving information with a view to detention, an informant sha ll ­

(a) give to the director of customs or a custo ms officer at the port of entry or expected imp ortat ion , notice in writing, sta ting : the marks and numbers, or other descriptions sufficient for the identification of the package s and goods , the mode of conveyance, the manner in which the goo ds infringe the Act , and the expected day of the arr ival of the goo ds; and

(b) deposit with the direc tor of cus tom s a sum sufficient in the opinio n of that officer to cover any additiona l expense which may be incurred in th e exam­ inati on req uired by reason of his noti ce.

Delivery and detention ofgoods upon arrival and examination.

3. (1) If upon arrival and examination of the goods, the director of customs is satisfied that there exists no gro und for their de tention , the y will be delivered.

(2) If he is not sa tisfied, he sha ll detain the goods, as in a case of detention upon ordina ry examin ation , or require security from the informant for reimburs ing him or his officers all expenses and damages incurred in respect of the deten tion mad e on the information given and of an y proceedings con seque nt thereon.

S ecurity required.

4. (1) The security thus required mu st be an immediate ad valorem dep osit of twent y rand per centum on the value of the goods as fixed by the officer fro m the quan tities or value as shown hy the entry (or as may be asses sed on examina tion ) and also su bsequent ly a bond to be completed with in four days in double such value of the goods with two approved sure ties.

(2) Th e ad valorem deposit will be returned up on due comp letion of the bond, and need not be required to be made at all if, as an alterna tive, where time permits, the informant prefers to give a like bond, before examina tion , up on the estimated value of the goo ds declar ed to by him , und er solemn declaration and approved by the director of customs.

(3) If the security is not duly given, as requ ired by this regulation , the goods shall not be further detained.

tlS SUE I J

STATUTES OF SWAZILAND ss.5-7

Forms of notice of bond. (Schedule)

5. The notice and bond required by regulation 4 shall be in the forms contained in the Schedule or in such other form as the director of customs may direct.

When security to be returned.

6. The security lodged under these regulations shall be returned ­

(a) forthwith if given before examination, and no detention follows;

(h) on completion or forfeiture if given on detention and the forfeiture is completed either by lapse of time or ultimate condemnation by a competent court;

(c) on the expiry of three calender months from ­

(i) the time of detention of the goods where the security is given on detention and the forfeiture is not completed and the goods are released by the director of customs no suit having been commenced against him or any of his officers in respect of such detention ;

(ii) the ultimate conclusion of the proceedings where the security is given on detention and the forfeiture is not completed but the goods are released for failure of proceedings taken under any provision of the Customs Act for the forfeiture and condemnation thereof, no suit having been commenced against the director of customs or any of his officers in respect of such detention;

(d) on the ultimate conclusion of any suit commenced within the aforesaid periods and on the fulfilment of the purpose for which the security was given.

Importer required to make declaration in certain cases.

7. If on the examination or detention of goods imported into Swaziland, the officers of customs find that they bear trade descriptions or figures, letters or marks or names, or any words in any language calculated to lead to the belief that they were not manufactured in the country from which they were imported, unless the said description, etc. wherever they may be applied to the goods are also accompanied by definite statements in close proximity thereto, and in equally indelible, irremovable, and conspicuous form , indicating the country where they were really manufactured, then before delivery of the goods is made, the importer may be required to produce a declaration in writing, made before the British Consul at the port from which they have been imported by the shipper as to the country where the goods were really manufactured and if that be impracticable , the importer himself may be required to make before the director of customs or a customs officer at the port of importation into Swaziland a solemn declaration as to the country of manufacture, and if he fails to produce or make such declaration, the goods shall be taken to be the manufacture of the place or country from which they were imported and not of the country which the said descriptions, etc . indicate:

Provided that the officers of customs may avail themselves of the aid of experts to give evidence or to assist in verifying any evidence produced by the importers as to the country in which the goods were manufactured.

2

P ATENTS, CO PY RIG HT AN D DESIG NS : ACT 24/1937(1)

S CH ED ULE

NOT ICE

To THE OF CUSTO MS

] hereby give you notice that the fo llowing goo ds, that is to say :

Value s and Particulars Marks and Number Description of Packages necessary for Numbers and Goods Identification

are about to be imported into your port of entry on or ab out the

day of 19 by from

, and that the said goo ds are liable to detent ion and forfeiture under the Merchandise Marks Act, bein g

That , of , and , of

are prepared to be my sureties in any Bond required on detention of the said goods . And I request that the said goods may be detained and dealt with accordingly. I also herewith

tender you the sum of . . . , bein g rand per centum on

the estimated value of the said goods as a deposit to cover an y addition al expense which ma y be incurred in th e examina tio n requ ired by reason of thi s notice.

Dated thi s day of , 19 , at

A. B.

(or Agent for)

BOND

(The Merchandise M arks Act No. 24 0/ 1937)

Know all men by these presents th at we, and

IISSUE II

3

STATUTES OF SW AZILA ND

and , are held and firmly bound unto the Government of Swaziland

of to be paid to the Government of Swaziland. For which payment,

well and truly to be made, we bind ourselves, jointly and severally, ou r heir s, executors, and administrators firmly by these present s.

Dated this day of In the year of our Lord

One Thousand Nine Hundred and

Whereas the above , having by a notice dated the

da y of , informed the Director of Cu stoms or

of customs at , that the undermentioned goods, that is to say :

Marks and Number Description of Packages and Goods Numbers

were to be imported to the port of entry of contrary

to section 13 of the Merchandise Marks Act, and requested that the said goods should be detained and dealt with accordingly.

And whereas the said goods dul y arrived at the said port of entry on the

day of last by , and are

now detained pursuant to the said notice: Now the condition of thi s obligation is such

that if the said his executor or administrators shall well and effectually

i ndemnify, save harmless and keep indemnified the Government of Swazi land and its officers Of customs and their administrators and executors from and against all loss or damage, payment or payments, and all cost s or expenses that shall or may be sustained or incurred by reason or on account of an y detention of the said goods following upon the information contained in such notice and against an y pro ceedings consequent upon such detention, then this obligation shall be void , otherwise shall be and remain in full force and virtue.

Signed and delivered in the presence ­

of and and this day of

As witnesses:

4

The Government Printer. Mbabane.