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Trade Marks Act 2002

Legal proceedings - Criminal proceedings - Orders for delivery up in criminal proceedings

126: Order for delivery up in criminal proceedings

You could also call this:

"Court can order you to give up fake trade mark items if you're accused of trade mark crimes"

If you are accused of committing certain crimes related to trade marks, the court can make a special order. This order can happen if, when you were arrested or charged, you had certain things in your possession, custody, or control while doing business.

The court can order you to give up goods or objects to the owner of the registered trade mark or to someone else the court chooses. This can happen in two situations:

First, if you had goods that have the fake version of a registered trade mark on them. This includes goods with a trade mark or sign that looks so much like the real one that it might trick or confuse people.

Second, if you had something specifically made for copying a particular trade mark. This only applies if you knew that this object was used or going to be used to make fake trade marks for business purposes.

The court can make this order if you're accused of breaking any of the rules in sections 122 to 124 of this law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165035.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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125: Penalties for offences, or

"What happens if you break trade mark rules"

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127: When order for delivery up may be made, or

"When the court can tell you to hand over things connected to a trade mark crime"

Part 4Legal proceedings
Criminal proceedings: Orders for delivery up in criminal proceedings

126Order for delivery up in criminal proceedings

  1. The court before which proceedings are brought against a person for an offence against any of sections 122 to 124 may order that goods or an object be delivered up to the owner of the registered trade mark or to any other person that the court may direct if it is satisfied that, at the time of the defendant's arrest or charge,—

  2. the defendant had in the defendant's possession, custody, or control in the course of trade, goods to which—
    1. the registered trade mark that has been counterfeited has been applied; or
      1. a trade mark or sign that is similar to the registered trade mark so as to be likely to deceive or confuse has been falsely applied; or
      2. the defendant had in the defendant's possession, custody, or control an object specifically designed or adapted for counterfeiting a particular trade mark, knowing that the object had been or was to be used to counterfeit trade marks for use in the course of trade.

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