134V Disposal of things seized

(1)

In any proceedings for an offence relating to a thing seized, the court may, either at the trial or on an application, order—

(a)

that the thing be delivered to the person who appears to the court to be entitled to it; or

(b)

that the thing be destroyed or otherwise disposed of in the manner that the court thinks appropriate; or

(c)

if a person is convicted of an offence to which the thing relates,—

(i)

that the thing be forfeited to the trade mark owner; or

(ii)

that the thing be destroyed or otherwise disposed of as the court directs at the expense of the convicted person.

(2)

In considering what order, if any, should be made under subsection (1)(c)(ii), the court must consider the need to ensure that no infringing goods are disposed of in a manner that would adversely affect the owner of the registered trade mark.

(3)

If the court makes an order under subsection (1)(c), it may order that the convicted person pay any reasonable costs incurred by the Commissioner of Police or chief executive in retaining the thing for the purpose of the proceedings.

(4)

If no order for delivery, forfeiture, destruction, or other disposal is made in respect of a thing seized and retained for the purpose of proceedings, it must, on completion of the proceedings, be returned by the Commissioner of Police or the chief executive to the person entitled to it.

(5)

The Commissioner of Police or chief executive may apply to the court for an order for directions as to the disposal of the thing if—

(a)

the person who is entitled to it cannot be found; or

(b)

the Commissioner of Police or chief executive is in doubt about who is entitled to it.

(6)

On an application under subsection (5), the court may make any order concerning the disposal of the thing that it thinks appropriate in the circumstances.

Section 134V: inserted, on 7 October 2011, by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).