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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Goods bearing a mark of Kaveri Foods were seized by the police under the search and seizure power. Ramesh, a trader with an interest in the seized articles, wants them back. Within what time and before whom must he apply for restoration?

Ramesh must apply within fifteen days of the seizure to a Judicial Magistrate of the first class or Metropolitan Magistrate. That Magistrate hears the applicant and the prosecution and then passes such order as he thinks fit. Sixty days applies to appeals, not restoration.

  1. AWithin thirty days, before the Registrar
  2. BWithin fifteen days of the seizure, before a Judicial Magistrate of the first class or Metropolitan MagistrateCorrect
  3. CWithin sixty days, before the appellate authority
  4. DWithin fifteen days, before the Intellectual Property Appellate Board

Explanation

Section 115(5) lets any person with an interest in a seized article apply within fifteen days of the seizure to the Judicial Magistrate of the first class or Metropolitan Magistrate for restoration. The Magistrate decides after hearing the applicant and the prosecution. The sixty-day period belongs to appeals against an adjudicating officer's order, not to restoration.

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