153 Proceedings to determine whether goods bear infringing sign

(1)

The court may, on an application by any person, make a decision whether or not goods to which a determination under section 146 relates are goods on, or in physical relation to, which an infringing sign is used that have been imported other than for private and domestic use.

(2)

Notice of proceedings under subsection (1) must be served on the chief executive.

(3)

In proceedings under subsection (1),—

(a)

the court must issue directions as to the service of notice on every person who has an interest in goods to which the proceedings relate; and

(b)

a person who is served a notice is entitled to—

(i)

appear in those proceedings, whether or not the person was served with notice under section 147; and

(ii)

appeal against any order made in those proceedings, whether or not the person appeared in the proceedings.

(4)

An order made in proceedings under subsection (1) takes effect—

(a)

at the end of the period within which notice of an appeal may be given; or

(b)

on the final determination or abandonment of the proceeding on appeal (if notice of the appeal is given before the end of that period notice).

Compare: 1953 No 66 s 54G(3)–(6)