Trade Marks Act 2002

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

113: Rights of persons with interest in infringing goods, infringing material, or infringing object

You could also call this:

"Your rights if you own items that copy someone else's trademark"

If you have an interest in goods, materials, or objects that are infringing on someone's trademark, you have some important rights. You can appear in court proceedings about these items, even if you haven't been officially notified. You also have the right to appeal any decision made in these proceedings, regardless of whether you were present for them. These rights apply when someone has asked the court to deliver up the infringing items.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165014.


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112: Directions for service, or

"Court tells you how to inform people about copied trademark items"


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114: When order under section 110 takes effect, or

"When a court's decision about trademarks becomes official"

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

113Rights of persons with interest in infringing goods, infringing material, or infringing object

  1. Every person who has an interest in the infringing goods, infringing material, or infringing object to which an application under section 110 relates is entitled to—

  2. appear in proceedings for an order under that section, whether or not the person is served with notice; and
    1. appeal against any order made, whether or not the person appears in the proceedings.