Trade Marks Act · 2022 Revised Edition · Part · Proceedings Relating to Importation of Infringing Goods
89. Powers of court
Official textFrom Attorney General's Chambers, unchanged
Where, in proceedings under section 87(3), the court decides that any goods the subject of a determination under section 83(3) are infringing goods imported otherwise than for private and domestic use, it shall make an order that the goods be —
forfeited;
destroyed; or
Trade Marks
otherwise dealt with as it thinks fit.
In considering what order should be made under subsection (1), the court shall have regard to —
whether other remedies available in infringement proceedings would be adequate to compensate the claimant and to protect his interests; and
the need to ensure that no infringing goods are dealt with in a manner that would adversely affect his interests.
Where more than one person is interested in any infringing goods, the court may direct that the goods be sold, or otherwise dealt with, and the proceeds divided, or shall make such other order as it thinks fit.
Where, in proceedings under section 87(3), the court decides that any goods the subject of a determination under section 83(3) are not infringing goods imported otherwise than for private and domestic use, it may make an order that any person who is a party to the proceedings pay such compensation as it thinks fit to the importer, consignee or owner of those goods.
Terms defined in s 2
claimant
Defined · s 2“claimant”, in sections 82, 83, 85 and 89, means a person who has given a notice under section 82(1);
infringement proceedings
Defined · s 2“infringement proceedings”, in relation to a registered trade mark, includes proceedings under section 18;
Part