Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Orders for delivery up in civil proceedings

109: Order for delivery up of infringing goods, infringing material, or infringing object

You could also call this:

"Court can tell people to hand over items that break trade mark rules"

The court can tell someone to give up goods, materials, or objects that are breaking the rules of a registered trade mark. The court can order these things to be given to the owner of the trade mark or to someone else the court thinks is right.

The court can only make this order if they are also making another order under section 110, or if they think there are good reasons to make an order under section 110.

If someone gets these rule-breaking items because of the court's order, they have to keep them safe. They need to wait until the court makes an order under section 110, or until the court decides not to make that order.

The court can still use any other powers it has, even if it makes this order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165010.


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108: Order for erasure, etc, of offending sign, or

"Court can order removal or destruction of items with unauthorized trade marks"


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110: Order for disposal of infringing goods, infringing material, or infringing object, or

"Court decides what happens to things that broke trademark rules"

Part 4Legal proceedings
Civil proceedings for infringement: Orders for delivery up in civil proceedings

109Order for delivery up of infringing goods, infringing material, or infringing object

  1. The court may order any infringing goods, infringing material, or infringing object in the possession of any person or before the court to be delivered up to the owner of the registered trade mark or any other person that the court thinks fit.

  2. No order may be made under this section unless—

  3. the court makes an order under section 110; or
    1. it appears to the court that there are grounds for making an order under that section.
      1. A person to whom any infringing goods, infringing material, or infringing object is delivered up under an order made under this section must, if an order under section 110 is not made, retain them pending—

      2. the making of an order under that section; or
        1. the decision not to make an order under that section.
          1. Nothing in this section affects any other power of the court.