Trade Marks Ordinance, 2001
Trade Marks Ordinance, 2001 — section 48
48. Order for delivery up of infringing goods, material or articles..—_(1) The proprietor of a registered trade mark may apply to the High Court or 1[an IP Tribunal] for an order for the delivery up to him, or such other person as the High Court or 1[an IP Tribunal] 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 expiry of the period specified in section 50, and no order shall be made unless the High Court or 1[an IP Tribunal] also makes, or it appears to the High Court or 1[an IP Tribunal] that there are grounds for making, an order under section 51.
(3)A person to whom any infringing goods, material or articles are delivered in pursuance of an order under this section shall, if an order under section 51 has not been made, retain them pending the making of an order, or the decision not to make an order, under that section. 1 Subs. by Act No. LVIII of 2023, ss. 12-13.
(4)Nothing in this section shall affect any other power of the High Court or 1[an IP Tribunal].
This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.
