Orders for delivery up in civil proceedings

109 Order for delivery up of infringing goods, infringing material, or infringing object

(1)

The court may order any infringing goods, infringing material, or infringing object in the possession of any person or before the court to be delivered up to the owner of the registered trade mark or any other person that the court thinks fit.

(2)

No order may be made under this section unless—

(a)

the court makes an order under section 110; or

(b)

it appears to the court that there are grounds for making an order under that section.

(3)

A person to whom any infringing goods, infringing material, or infringing object is delivered up under an order made under this section must, if an order under section 110 is not made, retain them pending—

(a)

the making of an order under that section; or

(b)

the decision not to make an order under that section.

(4)

Nothing in this section affects any other power of the court.

Compare: Trade Marks Act 1998 s 33 (Singapore)