(1)Section 90 of the Trade Marks Act 1994 (c. 26) (regulations as to form of notice, &c.) shall have effect in relation to a notice under subsection 12A(1) or (8)(a) above as in relation to a notice under section 89(1).
(2)A person who is or was an officer or employee of the proprietor, or who acts or acted on the proprietor's behalf, commits an offence if he discloses information provided in accordance with section 12A(4)(b) or 12A(8)(b) other than—
(a)for the purpose of, or with a view to the institution of, proceedings under section 6,
(b)for the purpose of complying with an enactment,
(c)in pursuance of an order of a court,
(d)in a form which ensures that the identity of no person to whom the information relates is specified or can be deduced,
(e)with the consent of each person to whom the information relates, or
(f)with the consent of the Commissioners for Her Majesty's Revenue and Customs;
and sections 19(3), (4), (7) and 55(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (defences and penalties) shall have effect in relation to this subsection.
(3)Section 139(1), (2), (3), (4), (7) and (8) of the Customs and Excise Management Act 1979 (detention of goods: constables, &c.) shall apply in relation to goods liable to detention in accordance with section 12A above as in relation to things liable to forfeiture—
(a)with the substitution of a reference to this Act for a reference to the customs and excise Acts, and
(b)with any other necessary modifications.
(4)Section 144 of that Act (protection of officers) shall apply in relation to the detention of goods in accordance with section 12A above—
(a)with the substitution of a reference to proceedings under section 6 above for the reference in section 144(1) to proceedings for condemnation, and
(b)with any other necessary modifications.
(5) In section 12A “ working day ” means a day that is not a Saturday, a Sunday or a bank holiday (within the meaning of section 1 of the Banking and Financial Dealings Act 1971 (c. 80)). ]
Textual Amendments
F1S. 12A, 12B inserted (with effect in accordance with s. 40(7) of the amending Act) by London Olympic Games and Paralympic Games Act 2006 (c. 12), s. 40(2), Sch. 3 para. 14 (with s. 40(5)); S.I. 2007/1064, art. 2(c)