Trade Marks Act 2002

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

116: Position where no order made under section 110

You could also call this:

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

If the court decides not to make an order under section 110, you can get back any items that were taken from you. These items might include goods, materials, or objects that were thought to be infringing on someone else's trademark. The court will return these things to you if you had them before they were taken away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165017.


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

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


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117: When criminal proceedings may be commenced, or

"When can someone be charged with a crime about trade marks?"

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

116Position where no order made under section 110

  1. If the court decides that no order should be made under section 110, the person in whose possession, custody, or control the infringing goods, infringing material, or infringing objects were before being delivered up is entitled to their return.