Trade Marks Act 1938 (repealed 31.10.1994)
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Change 1
58C Order as to disposal of offending goods or material.
(1) Where goods or material have been delivered up in pursuance of an order under section 58B, 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. (2) Provision shall be made by rules of court as to the service of notice on persons having an interest in the goods or material, and any such person is entitled— (a) to appear in proceedings for an order under this section, whether or not he was served with notice, and (b) to appeal against any order made, whether or not he appeared; and an order shall not 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 is duly given, until the final determination or abandonment of the proceedings on the appeal. (3) Where there is more than one person interested in goods or material, the court shall make such order as it thinks just. (4) References in this section to a person having an interest in goods or material include any person in whose favour an order could be made under this section or under sections 114, 204 or 231 of the Copyright, Designs and Patents Act 1988 (which make similar provision in relation to infringement of copyright, rights in performances and design right). (5) Proceedings for an order under this section may be brought— (a) in a county court in England, Wales and Northern Ireland, save that in Northern Ireland such proceedings may be brought in a county cour t only where the value of the goods or material in question does not exceed the county court limit for actions in tort, and (b) in a sheriff court in Scotland; but this shall not be construed as affecting the jurisdiction of the High Court or, in Scotland, the Court of Session.
58C Order as to disposal of offending goods or material.
(1) Where goods or material have been delivered up in pursuance of an order under section 58B, 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. (2) Provision shall be made by rules of court as to the service of notice on persons having an interest in the goods or material, and any such person is entitled— (a) to appear in proceedings for an order under this section, whether or not he was served with notice, and (b) to appeal against any order made, whether or not he appeared; and an order shall not 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 is duly given, until the final determination or abandonment of the proceedings on the appeal. (3) Where there is more than one person interested in goods or material, the court shall make such order as it thinks just. (4) References in this section to a person having an interest in goods or material include any person in whose favour an order could be made under this section or under sections 114, 204 or 231 of the Copyright, Designs and Patents Act 1988 (which make similar provision in relation to infringement of copyright, rights in performances and design right). (5) Proceedings for an order under this section may be brought— (a) in a county court in England, Wales and Northern Ireland, save that in Northern Ireland such proceedings may be brought in a county cour t only where the value of the goods or material in question does not exceed the county court limit for actions in tort, and (b) in a sheriff court in Scotland; but this shall not be construed as affecting the jurisdiction of the High Court or, in Scotland, the Court of Session.
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