Clause 15
Amendment of section 32
of Trade Marks (Amendment) Bill
BillNot in forceProvision 15 of 38
Clause 15
Section 32 of the principal Act is amended —
(a)
by deleting the word “Where” in subsection (1) and substituting the words “Subject to subsection (3), where”; and
(b)
by inserting, immediately after subsection (2), the following subsection:“(3) Where a person who is found to have infringed a registered trade mark has in his possession, custody or control any counterfeit goods, the Court shall order that the counterfeit goods be delivered up to such person as the Court may direct for destruction if —
(a)
the plaintiff 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.”.