Page:Trade Marks Ordinance (Cap. 559).pdf/21

TRADE MARKS ORDINANCE an application may be made at any time before the end of the period of 6 years beginning on the date on which he ceased to be under a disability or could with reasonable diligence have discovered those facts, as the case may be.

(3) In subsection (2), “disability” (無行為能力) has the same meaning as in section 22(3) of the Limitation Ordinance (Cap. 347).

25. Order for disposal

(1) Where infringing goods, material or articles have been delivered up pursuant to an order made under section 23 (order for delivery up), an application may be made to the court—
 * (a) for an order that they be forfeited to such person as the court may think fit;
 * (b) for an order that they be destroyed;
 * (c) for an order that they be disposed of outside the channels of commerce in such a manner as the court may think fit so as to avoid any harm being caused to the owner of the registered trade mark;
 * (d) for an order that they be otherwise dealt with as the court may think fit; or
 * (e) for a decision that no such order should be made.

(2) Where there is more than one person interested in the goods, material or articles, the court may make such order under subsection (1) as it thinks just, and it may, in particular, direct that the goods, material or articles be disposed of and the proceeds be divided among them as the court directs.

(3) In considering what order, if any, should be made under subsection (1), the court shall—
 * (a) take into account the need for proportionality between the seriousness of the infringement and the remedies ordered;
 * (b) take into account the interests of third parties; and
 * (c) consider whether other remedies available in proceedings in respect of the infringement of the registered trade mark would be adequate to compensate the owner of the registered trade mark and any licensee and to protect their interests.

(4) The court shall not make an order under subsection (1) permitting the removal of a registered trade mark from any goods, material or articles to which it has been unlawfully applied unless the owner of the registered trade mark consents to the order or, in the absence of such consent, unless the court is satisfied—
 * (a) that the goods, material or articles will not enter the channels of commerce once the registered trade mark has been removed from the goods, material or articles; or