Trade Marks Act 2002

Legal proceedings - Border protection measures - Proceedings relating to goods bearing infringing sign

152: Application for various orders relating to goods bearing infringing sign

You could also call this:

"Asking the court to decide about goods with copied trademarks"

You can ask the court to make an order about goods that have a sign on them that copies someone else's trademark. The court can do two things:

First, they can cancel a notice that was accepted earlier about stopping these goods from coming into the country. This notice is described in another part of the law called section 139.

Second, the court can tell officials to let go of goods that were held back. These are goods that were stopped from being sold or moved around, as explained in section 149 of the law.

Anyone can ask the court to make these orders. It's not just for the person who owns the trademark or the person bringing in the goods.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165078.


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151: Forfeiture of goods by consent, or

"You can agree to let the government keep goods they think might break the law"


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153: Proceedings to determine whether goods bear infringing sign, or

"Court decides if goods have illegal signs"

Part 4Legal proceedings
Border protection measures: Proceedings relating to goods bearing infringing sign

152Application for various orders relating to goods bearing infringing sign

  1. The court may, on an application by any person, make an order that—

  2. a notice accepted under section 139 be discharged; or
    1. goods detained under section 149 be released.