Cap. 597 Art. 24Order as to disposal of infringing goods, material or articles.

(1) Where infringing goods, material or articles have been delivered up in pursuance of an order under article 21, an action by sworn application may be brought before the Court by any party interested -

(a) for an order that they be destroyed or forfeited in favour of such person as the Court may think fit; or

(b) for a decision that no such order should be made.

(2) In considering its decision, the Court shall consider whether other remedies available in an action for infringement of the registered trademark would be adequate to compensate the proprietor and any licensee to protect their interests.

(3) The Court shall order the service of the sworn application on persons having an interest in the goods, material or articles, and any person having an interest shall be entitled -

(a) to appear in proceedings for an order under this article, whether or not he was served with a notice; and

(b) to appeal against any order made, whether or not he appeared at first instance, and any such order shall not take effect until the end of the period within which an appeal may be filed or, if before the end of that period an appeal is so filed, until the final determination or abandonment of the proceedings on the appeal.

(4) Where there is more than one person interested in the goods, material or articles, the Court shall make such order as it thinks fit.

(5) If the Court decides that no order should have been made under article 21, the person in whose possession, custody or control the goods, material or articles were before being delivered up, is obliged towards their return.