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In forceAmended2020 Revised Edition

Part 3 · Rights and Remedies of Proprietor of Registered Trade Mark

32. Order for erasure, etc., of offending sign

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Amended

Last amended by an amending law of 2021.

(1)

Subject to subsection (3), where a person is found to have infringed a registered trade mark, the Court may make an order requiring the person —

(a)

to cause the offending sign to be erased, removed or obliterated from any infringing goods, material or articles in the person’s possession, custody or control; or

(b)

if it is not reasonably practicable for the offending sign to be erased, removed or obliterated, to secure the destruction of the infringing goods, material or articles in question.

(2)

If an order under subsection (1) is not complied with, or it appears to the Court likely that such an order would not be complied with, the Court may order that the infringing goods, material or articles be delivered up to such person as the Court may direct for erasure, removal or obliteration of the sign, or for destruction, as the case may be.

(3)

Where a person who is found to have infringed a registered trade mark has in the person’s possession, custody or control any counterfeit goods, the Court is to order that the counterfeit goods be delivered up to such person as the Court may direct for destruction if —

(a)

the claimant applies to the Court for such an order; and

(b)

the Court is of the view that there are no exceptional circumstances which justify the refusal of such an order.

Report

Part 4

Registered Trade Mark as Object of Property

Part 5

Licensing

Part 6

Offences

Part 7

International Matters

Part 8

Collective Marks and Certification Marks

Part 9

Administrative and Other Supplementary Provisions

Part 10

Assistance by Border Authorities

Part 11

Miscellaneous and General Provisions

Schedules