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Trade Marks Act 2002

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

129: Matters to be considered by court

You could also call this:

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

When a court is deciding whether to make an order under section 128, they need to think about two important things. First, they need to consider if there are other ways to help or protect the owner of the registered trade mark that would be good enough. Second, they need to make sure that any goods that are breaking the rules (infringing goods) are not used or sold in a way that would hurt the trade mark owner. The court wants to be fair and make sure the trade mark owner is protected properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165038.

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

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130: Directions for service, or

"The court tells everyone involved how they'll be informed about trade mark items"

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

129Matters to be considered by court

  1. In considering what order, if any, should be made under section 128, the court must consider—

  2. whether other remedies available in proceedings for counterfeiting or falsely using a registered trade mark would be adequate to compensate, or protect the interests of, the owner of the registered trade mark; and
    1. the need to ensure that no infringing goods are disposed of in a manner that would adversely affect the owner of the registered trade mark.

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