Part 4Legal proceedings
Civil proceedings for infringement: Types of relief available for infringement
108Order for erasure, etc, of offending sign
If a person has infringed the exclusive right to use a registered trade mark, the court may make an order that requires the person—
- to erase, remove, or obliterate the offending sign from any infringing goods, infringing material, or infringing object in the person's possession, custody, or control; or
- if it is not reasonably practicable to erase, remove, or obliterate the offending sign, to destroy the infringing goods, infringing material, or infringing object.
If an order under subsection (1) is not complied with, or it appears to the court likely that the order would not be complied with, the court may order that the infringing goods, infringing material, or infringing object be delivered to any person whom the court may direct—
- to erase, remove, or obliterate the offending sign from the infringing goods, infringing material, or infringing object; or
- if it is not reasonably practicable to erase, remove, or obliterate, the offending sign, to destroy the infringing goods, infringing material, or infringing object.
Despite subsections (1) and (2), if any infringing goods are counterfeit goods (as defined in section 135), the court must, unless the court is satisfied that there are exceptional circumstances, make an order that requires the person who has infringed to—
- destroy the goods; or
- deliver the goods to any person the court may direct (being a person who will destroy the goods).
Notes
- Section 108(3): inserted, on , by section 94 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).