4 Period after which remedy of delivery up is not available
1 An application for an order under regulation 3 (order for the delivery up of infringing goods, material or articles) may not be made after the end of the period of six years from—
(a) in the case of infringing goods, the date on which the controlled representation was applied to the goods or their packaging,
(b) in the case of infringing material, the date on which the controlled representation was applied to the material, or
(c) in the case of infringing articles, the date on which they were made,
except as mentioned in the following provision.
2 If during the whole or part of the relevant period in paragraph (1) above the proprietor of the Olympics association right—
(a) is under a disability, or
(b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,
an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.
3 In paragraph (2) “disability”—
(a) in England and Wales, has the same meaning as in the Limitation Act 1980,
1980 c. 58.
(b) in Scotland, means legal disability within the meaning of the Prescription and Limitation (Scotland) Act 1973,
1973 c. 52.
(c) in Northern Ireland, has the same meaning as in the Limitation (Northern Ireland) Order 1989.
S.I.1989/1339 (N.I.11).
Reg. 4 in force at 12.1.1996, see reg. 1(1)