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Trade Marks Act 2002

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

127: When order for delivery up may be made

You could also call this:

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

You can get an order to hand over goods or objects related to a trade mark offence. The court can decide to make this order on its own or if the prosecution asks for it. You don't need to be found guilty of the offence for the court to make this order. However, the court won't make the order if they think it's unlikely they'll make another order to destroy the goods or objects later.

If you receive goods or objects because of this order, you need to keep them safe. You must wait until the court decides whether to make another order to destroy them or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165036.

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126: Order for delivery up in criminal proceedings, or

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

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128: Order for disposal of goods or other object ordered to be delivered up, or

"Court decides what happens to items handed over due to trade mark issues"

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

127When order for delivery up may be made

  1. An order may—

  2. be made under section 126 by the court of its own motion or on the application of the prosecution; and
    1. be made whether or not the person is convicted of the offence; but
      1. not be made if it appears to the court unlikely that an order will be made under section 128.

        1. A person to whom goods or an object is delivered up under an order made under section 126 must retain the goods or object pending the making of an order or the decision not to make an order under section 128.

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