Cap. 416 Art. 16Order for delivery up of infringing goods, material or articles.

(1) The proprietor of a registered trademark may apply to the Court for an order for the delivery up to him, or such other person as the Court may direct, of any infringing goods, material or articles which a person has in his possession, custody or control in the course of a business.

(2) An application shall not be made after the end of the period specified in article 18; and no order shall be made unless the Court also makes, or it appears to the Court that there are grounds for making, an order under article 19.

(3) A person to whom any infringing goods, material or articles are delivered up in pursuance of an order under this article shall, retain them pending the decision of the Court under article 19.

(4) Nothing in this article affects any other power of the Court. trademark, if they or their packaging bear a sign identical or similar to that mark and -

(a) the application of the sign to the goods or their packaging is an infringement of the registered trademark, or

(b) the goods are proposed to be imported into Malta and the application in Malta, of the sign, to them or their packaging would be an infringement of the registered trademark, or

(c) the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trademark.

(3) Material is "infringing material", in relation to a registered trademark, if it bears a sign identical or similar to that mark and -

(a) it is used for labelling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trademark, or

(b) it is intended to be so used and such use would infringe the registered trademark.

(4) "Infringing articles", in relation to a registered trademark, means articles -

(a) which are specifically designed or adapted for making copies of a sign identical or similar to that mark, and

(b) which a person has in his possession, custody or control, knowing or having reason to believe that they have been used or are to be used to produce infringing goods or material.