Trade Marks Act · s 87

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87.
Proceedings in respect of infringing goods
(1) Any person may apply to the court for an order that a notice accepted under section 82(3) be discharged, and the court may make such an order accordingly.
(2) Any person may apply to the court for an order that any goods detained under section 86 be released, and the court may make such an order accordingly.

Trade Marks 70
(3) Any person may apply to the court for a decision whether or not any goods the subject of a determination made under section 83(3) are infringing goods imported otherwise than for private and domestic use, and the court shall make such a decision accordingly.
(4) Notice of proceedings under subsection (3) shall be served on the Controller of Customs.
(5) In proceedings under subsection (3), the court shall issue directions as to the service of notice on any person having an interest in the goods, and any such person is entitled —
(a) to appear in those proceedings, whether or not he was served with notice under section 85; and
(b) to appeal against any order made in those proceedings, whether or not he appeared in the proceedings.
(6) No order made in proceedings under subsection (3) shall take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal has been given, until the final determination or abandonment of the proceedings on the appeal.

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s 87Proceedings in respect of infringing goods

(1)

Any person may apply to the court for an order that a notice accepted under section 82(3) be discharged, and the court may make such an order accordingly.

(2)

Any person may apply to the court for an order that any goods detained under section 86 be released, and the court may make such an order accordingly.

Trade Marks 70

(3)

Any person may apply to the court for a decision whether or not any goods the subject of a determination made under section 83(3) are infringing goods imported otherwise than for private and domestic use, and the court shall make such a decision accordingly.

(4)

Notice of proceedings under subsection (3) shall be served on the Controller of Customs.

(5)

In proceedings under subsection (3), the court shall issue directions as to the service of notice on any person having an interest in the goods, and any such person is entitled —

(a)

to appear in those proceedings, whether or not he was served with notice under section 85; and

(b)

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

(6)

No order made in proceedings under subsection (3) shall take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal has been given, until the final determination or abandonment of the proceedings on the appeal.