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Infringing goods, material or articles: powers of seizure and search (section 25 of 1996 Act).
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40.— Section 25 of the 1996 Act is amended—
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(a) by substituting the following for subsection (2):
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“(2) If a Judge of the District Court is satisfied by information on oath that there is reasonable ground for suspecting that infringing goods, material or articles are on any premises or place in the course of business or otherwise for the purpose of dealing in any way, the Judge may grant a search warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or other person or persons as that member thinks proper, at any time or times within 28 days from the date of the issue of the warrant on production, where requested, of that warrant, to enter and search the premises or place specified in the warrant using reasonable force where necessary, and to do all or any of the following acts:
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(a) to seize any such goods, material or articles;
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(b) to make an inventory or prepare other evidence of infringement of a registered trade mark or potential infringement of a registered trade mark;
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(c) to seize anything found there which that member believes on reasonable grounds may be required to be used in evidence in any proceedings brought in respect of an offence under this Act;
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(d) to require any person found there to give his or her name and address.”,
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(b) by inserting the following after subsection (2):
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“(2A) A warrant issued under this section may authorise persons, including the registered proprietor or his or her designated representative, to accompany and assist any member of the Garda Síochána in executing the warrant or in collating any inventory or other evidence.”,
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and
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(c) in subsection (4), by inserting “or place” after “premises”.
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