Trade Marks Act 2002

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

132: When order under section 128 takes effect

You could also call this:

"When a court's decision about trademarks starts working"

When a court makes an order under section 128, it doesn't start working right away. You need to wait for a certain amount of time first. This time is given so that someone can say they want to appeal the order if they don't agree with it. The order will start working in one of two ways:

  1. If nobody says they want to appeal within the time given, the order will start working when that time is up.

  2. If someone does say they want to appeal within the time given, you have to wait until the appeal is finished or given up on. Once that happens, the order will start working.

This rule helps make sure that everyone has a chance to disagree with the order before it takes effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165041.


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131: Rights of persons with interest in goods or other object, or

"People with an interest in goods involved in a legal case can speak up and appeal decisions"


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133: Miscellaneous court orders if more than 1 person interested in goods or other object, or

"Court decisions when many people have interest in goods"

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

132When order under section 128 takes effect

  1. An order made under section 128 takes effect either—

  2. at the end of the period within which notice of an appeal may be given; or
    1. on the final determination or abandonment of the proceedings on appeal (if notice of the appeal is given before the end of that period).