Trade Marks Act, 1996

Order as to disposal of infringing goods, material or articles.

23.—(1) Where infringing goods, material or articles have been delivered up in pursuance of an order under section 20 , an application may be made to the Court—

(a) for an order that they be destroyed or forfeited to such person as the Court thinks fit, or

(b) for a decision that no such order should be made.

(2) In considering what order (if any) should be made, the Court shall consider whether other remedies available in an action for infringement of the registered trade mark would be adequate to compensate and protect the interests of the proprietor and any licensee.

(3) Provision may be made by rules of court as to the service of notice on any person having an interest in the goods, material or articles, and any such person shall be entitled—

(a) to appear in proceedings for an order under this section, whether or not he was served with notice, and

(b) to appeal against any order made, whether or not he appeared;

and, unless the Court otherwise directs, an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

(4) Where there is more than one person interested in the goods, material or articles, the Court shall make such order as it thinks just.

(5) If the Court decides that no order should be made under this section, the person in whose possession, custody or control the goods, material or articles were before being delivered up shall be entitled to their return.

(6) References in this section to a person having an interest in goods, material or articles include references to any person in whose favour an order could be made under section 27 of the Copyright Act, 1963 .