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Trade Marks Act 2002

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

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

You could also call this:

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

If the court has ordered someone to hand over goods or objects related to a registered trade mark, you can ask the court to decide what should happen to those items. You have two main options to suggest to the court. First, you can ask for the items to be given to the owner of the registered trade mark. This means the trade mark owner would get to keep them. Second, you can ask for the items to be destroyed or dealt with in another way that the court thinks is appropriate. The court will consider your request and decide what to do with the goods or objects.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165037.

Topics:
Business > Intellectual propertyCrime and justice > Courts and legal help
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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"

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129: Matters to be considered by court, or

"Court thinks about how to protect trade mark owners fairly"

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

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

  1. An application may be made to the court for an order that the goods or object delivered up under an order made under section 126 must be—

  2. forfeited to the owner of the registered trade mark; or
    1. destroyed or otherwise dealt with as the court thinks fit.

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