Section 51: Order as to disposal of infringing goods, material or articles

51. Order as to disposal of infringing goods, material or articles.___(1) Where infringing goods, material or articles have been delivered up in pursuance of an order under section 48, an application may be made to the High Court or 1[an IP Tribunal] ___ (a) for an order that they be destroyed of forfeited to such person as the High Court or 1[an IP Tribunal] may think fit; or (b) for a decision that no such order should be made. (2) In considering what order, if any should be made, the High Court or 1[an IP Tribunal] shall consider whether other remedies available in an action for infringement of the registered trade mark would be adequate to compensate the proprietor and any licensee and protect their interests. (3) Where there are more persons than one interested in the goods, materials or articles, the High Court or 1[an IP Tribunal] shall make such order as it thinks just. (4) if the High Court or 1[an IP Tribunal] decides that no order should be made under this section; then the person, in whose possession, custody or control the goods, material or articles were before being delivered shall be entitled to their return.

Effective date: 2001-01-01

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