Geographical Indications Act 2014 · 2020 Revised Edition · Part 2 · Protection for Geographical Indications
7. Order as to disposal of goods, material or articles
Feedback & supportLast amended by an amending law of 2021.
Where any goods, material or articles have been delivered up pursuant to an order under section 6, an application may be made to the Court —
goods
“goods” means any natural or agricultural product or any product of handicraft or industry;
for an order that they be destroyed or forfeited to such person as the Court may think fit; or
for a decision that no such order should be made.
In considering what order (if any) should be made, the Court is to have regard to —
whether other remedies available in an action under section 4 would be adequate to compensate the claimant and protect his, her or its interest; and
the need to ensure that no goods, material or articles are disposed of in a manner that would adversely affect the claimant.
The Court is to issue directions as to the service of notice on persons having an interest in the goods, material or articles.
Any person having an interest in the goods, material or articles is entitled —
to appear in proceedings for an order under this section, whether or not that person is served with notice under subsection (3); and
to appeal against any order made, whether or not that person appears in the proceedings for that order.
An order made under this section does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
Where there is more than one person interested in the goods, material or articles, the Court may direct that the goods, material or articles be sold, or otherwise dealt with, and the proceeds divided, and make any other order as it thinks just.
If the Court decides that no order should be made under this section, the person in whose possession, custody or control the goods, material or articles were before being delivered up, is entitled to their return.