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Section 59

Order for delivery up of infringing goods, material or articles

of Trademarks Act 2019

ActIn forceProvision 59 of 188
Section 59
(1)

The Court may, in addition to any relief granted under sections 56 and 58 in any action for an infringement of a registered trademark, order any infringing goods, material or articles in the possession of the defendant or before the Court to be delivered up to the plaintiff.

(2)

Where the Court makes an order under subsection (1), it shall also make an order under section 60 unless it determines that there are grounds for not making such an order.

(3)

A person to whom any infringing goods, material or articles are delivered up pursuant to an order under subsection (1) shall, if an order under section 60 is not made at the time of the making of the order under subsection (1), retain them pending the decision of the application under section 60.