Provision restricting importation of infringing goods

(1) The proprietor of a registered trade mark, or a licensee, may give notice in writing to the Comptroller of Customs, (a) that he is the proprietor or, as the case may be, a licensee, of the registered trade mark; (b) that, at a time and place specified in the notice, goods which are, in relation to that registered trade mark, infringing goods, material or articles are expected to arrive in Belize; and (c) that he requests the Comptroller of Customs to treat them as prohibited goods. (2) When a notice is in force under this section the importation of the goods to which the notice relates, otherwise than by a person for his private and domestic use, is prohibited, but a person is not by reason of the prohibition liable to any penalty other than forfeiture of the goods. (3) The proprietor of a registered trade mark, or a licensee who gives notice to the Comptroller of Customs pursuant to subsection (1) of this section, shall comply with such conditions with respect to, (a) the form of the notice; (b) the furnishing of evidence; (c) the payment of fees in respect of the notice; (d) the giving of security in respect of any liability or expense which the Comptroller may incur in consequence of the notice by reason of the detention of any article or anything done to a detained article; 62 (e) the indemnification of the Comptroller against any liability or expenses, whether security has been given or not; and Provision (f) any other incidental or matters, as may be prescribed, and different provisions may be prescribed for different classes or cases. (4) Notwithstanding anything in the Customs Regulation Act, Cap. 49, a person shall not be liable to any penalty under that Act (other than the forfeiture of the goods) by reason only that any goods are treated as prohibited goods by virtue of this section.