Section 52Part 7 — INFRINGEMENT AND LEGAL PROCEEDINGS
Order as to disposal of infringing goods, material or articles
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Where infringing goods, material or articles have been delivered up in pursuance of an order under section 49, an application may be made to the Court —
for an order that they be destroyed or forfeited to such person as the Court may think fit; or
for a decision that an order should not be made.
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 to protect their interests.
Where there is more than one person interested in the goods, material or articles, the Court shall make such order as it thinks just.
Where 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 would or may be made under this section.