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Meaning of “infringing goods, material or articles”.
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21.—(1) In this Act the expressions “infringing goods”, “infringing material” and “infringing articles” shall be construed as defined herein.
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(2) Goods shall be “infringing goods”, in relation to a registered trade mark, if they or their packaging bear a sign identical or similar to that mark and either—
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(a) the application of the sign to the goods or their packaging was an infringement of the registered trade mark, or
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(b) they have been or are proposed to be imported into the State and the application of the mark in the State to the goods or their packaging would constitute an infringement of the registered trade mark, or
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(c) the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.
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(3) Nothing in subsection (2) (b) shall be construed as applying to goods which may lawfully be imported into the State by virtue of any right created or arising under or by virtue of the treaties governing the European Union.
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(4) Material shall be “infringing material”, in relation to a registered trade mark, if it bears a sign identical or similar to that mark and either—
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(a) it is used for labelling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trade mark, or
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(b) it is intended to be so used and such use would infringe the registered trade mark.
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(5) “Infringing articles”, in relation to a registered trade mark, means articles—
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(a) which are specifically designed or adapted for making copies of a sign identical or similar to that mark, and
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(b) which are in the possession, custody or control, of a person who knows or has reason to believe that they have been or are to be used to produce infringing goods or material.
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