(1) The owner of a trade mark may apply to the Court of First Instance for an order under section 30C(1) where he has reasonable ground for suspecting that the importation of goods that constitute infringing goods may take place. (Amended 25 of 1998 s. 2; 35 of 2000 s. 98)
(2) An application under subsection (1) may be made ex parte but with previous notice to the Commissioner.
(3) An application under subsection (1) shall be in such form as is prescribed by rules of court and shall be supported by an affidavit of the owner which- (Amended 35 of 2000 s. 98)
(a) states that the deponent is the owner of the trade mark in question; (Amended 35 of 2000 s. 98)
(b) states that a copy of the trade mark exhibited to the affidavit is a true copy of the trade mark;
(c) states the grounds for the application, including the facts relied upon by the deponent as showing that the goods in question are prima facie infringing goods;
(d) sets out a sufficiently detailed description of the goods in question to make them readily recognizable by the Commissioner;
(e) sets out particulars regarding the expected mode of transportation and the expected date of importation and, if available, particulars identifying the importer; and
(f) sets out such other information and exhibits such other documents as may be prescribed by rules of court.
(4) Where the trade mark in question is registered, the affidavit of the owner shall exhibit a certified copy of each entry in the register that relates to the trade mark or, where it is not practicable for the deponent to obtain such a certified copy, shall state the reasons why it is not practicable to do so. (Amended 35 of 2000 s. 98)
(5) No application may be made under subsection (1) with respect to goods in transit.
(6) No application may be made under subsection (1) with respect to the importation by a person of goods for his private and domestic use.