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Trade Marks Act 2002

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

153: Proceedings to determine whether goods bear infringing sign

You could also call this:

"Court decides if goods have illegal signs"

You can ask the court to decide if goods that were checked by the government have a sign on them that breaks the law. If you do this, you must tell the chief executive. The court will tell everyone who owns or has something to do with these goods about what's happening. These people can come to court to talk about it, even if they weren't told about it before. They can also disagree with what the court decides, even if they didn't come to court. The court's decision will start working either when the time to disagree is over, or when any disagreements are sorted out.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165079.

Topics:
Business > Intellectual propertyCrime and justice > Courts and legal help
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152: Application for various orders relating to goods bearing infringing sign, or

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

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154: Powers of court, or

"What a court can do with goods that copy trademarks"

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

153Proceedings to determine whether goods bear infringing sign

  1. The court may, on an application by any person, decide whether goods to which a determination under section 146 relates are specified goods on or in physical relation to which an infringing sign is used.

  2. Notice of proceedings under subsection (1) must be served on the chief executive.

  3. In proceedings under subsection (1),—

  4. the court must issue directions as to the service of notice on every person who has an interest in goods to which the proceedings relate; and
    1. a person who is served a notice is entitled to—
      1. appear in those proceedings, whether or not the person was served with notice under section 147; and
        1. appeal against any order made in those proceedings, whether or not the person appeared in the proceedings.

        2. An order made in proceedings under subsection (1) takes effect—

        3. 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 proceeding on appeal (if notice of the appeal is given before the end of that period notice).

            Notes
            • Section 153(1): replaced, on , by section 102 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).