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Trade Marks Act 2002

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

115: Miscellaneous court order if more than 1 person interested in infringing goods, infringing material, or infringing object

You could also call this:

"Court makes special decisions when many people have interest in items that break trademark rules"

If more than one person has an interest in goods, materials, or objects that infringe on trademarks, the court can make special decisions. You might be wondering what these decisions could be. Well, the court can tell people to sell these items or deal with them in another way. If they do this, the money from the sale will be shared between the interested parties. The court can also make any other decision it thinks is right for the situation. This helps to make sure that everyone's interests are considered when dealing with items that break trademark rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165016.

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Business > Intellectual propertyCrime and justice > Courts and legal help
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114: When order under section 110 takes effect, or

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

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116: Position where no order made under section 110, or

"Getting your stuff back if the court doesn't make an order"

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

115Miscellaneous court order if more than 1 person interested in infringing goods, infringing material, or infringing object

  1. If more than 1 person is interested in the infringing goods, infringing material, or infringing object to which an application under section 110 relates, the court may—

  2. direct that the infringing goods, infringing material, or infringing object be sold, or otherwise dealt with, and the proceeds divided; and
    1. make any other order that it thinks fit.