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n Without Prejudice - Setting us up for more legal uncertainty : intellectual property
When comparing these draft amendments, as discussed in Part 1 (November 2007 p 40) with the provisions of the Counterfeit Goods Act (CGA), the following conflicts cannot be ignored:
Though the right-holder under the draft bill may decide to lay a criminal charge against the affected party, he must also institute civil proceedings, failing which the goods will be released. s78D(5) specifically provides that "notwithstanding anything contained in any other law" where the right-holder fails to apply to court within the specified period, the person in charge of the counterfeit goods depot, which will be the storage facility of the detained goods, must, at the request of the commissioner release the goods to the affected party.
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