21. Order as to disposal of infringing goods etc.

Where infringing goods, infringing material or infringing articles have been delivered up in pursuance of an order under section 18, an application may be made to the court —

In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of the registered trade mark would be adequate to compensate the proprietor and any licensee and protect their interests.

Provision may be made by rules of court as to the service of notice on persons having an interest in the goods, material or articles, and any such person is entitled —

Where there is more than one person interested in the goods, material or articles, the court shall make such order as it thinks just.

If the court decides that no order should be made under this section, the person in whose possession, custody or control the goods, material or articles were before being delivered up is entitled to their return.

References in this section to a person having an interest in goods, material or articles include any person in whose favour an order could be made under this section or under any law which makes similar provision in relation to the infringement of copyright, rights in performances or registered designs.