Orders for delivery up in criminal proceedings

126 Order for delivery up in criminal proceedings

The court before which proceedings are brought against a person for an offence against any of sections 122 to 124 may order that goods or an object be delivered up to the owner of the registered trade mark or to any other person that the court may direct if it is satisfied that, at the time of the defendant’s arrest or charge,—

(a)

the defendant had in the defendant’s possession, custody, or control in the course of trade, goods to which—

(i)

the registered trade mark that has been counterfeited has been applied; or

(ii)

a trade mark or sign that is similar to the registered trade mark so as to be likely to deceive or confuse has been falsely applied; or

(b)

the defendant had in the defendant’s possession, custody, or control an object specifically designed or adapted for counterfeiting a particular trade mark, knowing that the object had been or was to be used to counterfeit trade marks for use in the course of trade.

Compare: 1994 No 143 s 132(1)