Trade Marks Regulations 1913 (Amendment)

Overview

Statutory Rules 1938, No. 33, enacted under the Trade Marks Act 1905-1934, was introduced to address the need for more specific guidelines on the security required by the Collector of Customs in relation to the detention, seizure, or forfeiture of goods. The Trade Marks Regulations 1913 were amended to insert a new regulation (126a) to provide clarity and legal certainty on this matter. The regulation specifies that the security must be a bond, approved by the Collector, to cover all expenses, damages, or liabilities incurred by the Commonwealth or an officer of Customs. This amendment was made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and it aims to ensure that the Collector has the necessary tools to manage and mitigate financial risks associated with the enforcement of trade mark laws.

Scope and Application

This statutory rule, made under the Trade Marks Act 1905-1934, pertains to the regulation of trade marks within the Commonwealth of Australia. The Act applies to individuals, businesses, and entities involved in trade, including those importing goods that may be subject to detention, seizure, or forfeiture under the Act. The regulation introduces a new security requirement under section 90, which necessitates the Collector of Customs to demand a bond from importers to cover potential expenses, damages, or liabilities incurred by the Commonwealth or Customs officers in the event of the detention, seizure, or forfeiture of goods. This bond must be in a form approved by the Collector and must be accompanied by a surety also approved by the Collector. This regulatory amendment extends the application of the Trade Marks Act by imposing additional requirements on those importing goods into Australia and is applicable nationwide within the Commonwealth. The regulation does not specify exclusions or exemptions, and its scope is limited to the enforcement mechanisms under the Act, without further elaboration through subordinate instruments.

Key Provisions

This statutory rule amends the Trade Marks Regulations 1913 by inserting a new regulation 126a, which outlines the security that may be required by the Collector of Customs under section 90 of the Trade Marks Act 1905-1934. Specifically, this regulation states that the security must be for reimbursing the Commonwealth and any Customs officers for all expenses, damages, or liabilities incurred due to the detention, seizure, or forfeiture of goods under section 90 of the Act (section 126a(a)). Additionally, the security must be in the form of a bond, which must be approved by the Collector and accompanied by a surety also approved by the Collector, and must be for a sum deemed necessary by the Collector (section 126a(b)). The obligations imposed by this regulation primarily fall on the Collector of Customs. They must ensure that the security provided is sufficient to cover any potential costs associated with the detention, seizure, or forfeiture of goods under section 90 of the Trade Marks Act. This involves determining the appropriate form and sum of the bond, as well as approving the surety. The regulation also places an obligation on the person or entity providing the bond to furnish a surety that meets the Collector's approval, thereby ensuring that the security is reliable and the risk to the Commonwealth is mitigated. In terms of breaches and penalties, the statutory rule itself does not explicitly detail any offences, penalties, or consequences for non-compliance. However, under the Trade Marks Act 1905-1934, there are provisions for penalties and offences related to the improper use of trademarks or non-compliance with Customs regulations. For instance, section 123 of the Act provides for a penalty of a fine up to 500 pounds for using a registered trademark without authorisation, and section 90 may carry additional penalties for non-compliance with the Customs requirements. The exact penalties for breaches of the security requirement stipulated in regulation 126a would depend on the specific context and any related provisions within the Trade Marks Act 1905-1934.