Cap. 414 Art. 8Provisions applicabletogoods found to be goods infringing an intellectual property right: Exemptions from liability.

(1) In proceedings related to the enforcement of the rights of the holder of a right the Court shall:

(a) as a general rule, order the Comptroller of Customs to dispose of goods established to be goods infringing an intellectual property right outside the channels of commerce in such a way as to preclude injury to the holder of the right or order the Comptroller of Customs to destroy such goods, in any case without compensation of any sort to and, at the cost of, the importer, exporter or owner of the goods;

(b) take, or order the Comptroller of Customs to take in respect of such goods, any other measures having the effect of effectively depriving the persons concerned of the economic benefits of the transaction.

Save in exceptional cases, simply removing the trademarks, which have been affixed to the counterfeit goods without authorisation, shall not be regarded as having such effect: Provided that in ordering measures to be taken under this article the Court shall take due account of the need for proportionality between the seriousness of the infringement and the remedies ordered as well as of the interests of third parties.

(2) In addition to the information given pursuant to article 7(2) and under the conditions laid down therein, the Comptroller of Customs shall inform the holder of the right, upon request, of the names and addresses of the consignor, of the importer or exporter compensation where goods are not detected by the Customs authorities and are released or where no action is taken to detain them or to withhold release thereof.

(2) Exercise by the Comptroller of Customs of the powers conferred upon him with regards to counterfeit or pirated goods shall not render him liable towards the persons involved in the operations referred to in article 4, in the event of their suffering loss or damage as a result of their action.