Order as to the disposal of infringing goods, material or articles, etc. U.K.

4.—(1) Where infringing goods, material or articles have been delivered up in pursuance of an order under regulation 3, an application may be made to the court—

(a) for an order that they or it be destroyed or forfeited to such person as the court may think fit, or

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

(2) In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of the London Olympics association right would be adequate to compensate the London Organising Committee and any licensee and protect their interests.

(3) Any person having an interest in the goods, material or articles is entitled—

(a) to appear in proceedings for an order under this Regulation, whether or not the person was served with notice, and

(b) to appeal against any order made, whether or not the person appeared.

(4) An order under this Regulation shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

(5) Where there is more than one person interested in the goods, material or articles, the court shall make such order (if any) as it thinks just.

(6) If the court decides that no order should be made under this Regulation, the person in whose possession, custody or control the goods, material or articles were before being delivered up is entitled to their return.

(7) In this Regulation, “licensee” means a person to whom the London Organising Committee has granted an authorisation under paragraph 4 of Schedule 4 to the 2006 Act.

(8) References in this Regulation to a person having an interest in goods, material or articles include any person in whose favour an order could be made under—

(a) this Regulation,

(b) section 19 of the Trade Marks Act 1994 M1 F1 ...,

(c) section 24D of the Registered Designs Act 1949 M2 ,

(d) section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988 M3 , or

(e) regulation 1C of the Community Design Regulations 2005 M4 .

Textual Amendments

F1 Words in reg. 4(8)(b) omitted (31.12.2020) by virtue of The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 5 para. 5; 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1994 c. 26; section 19 was amended by paragraph 16 of Schedule 2 to the Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028).

M2 1949 c. 88; section 24D was inserted by paragraph 3 of Schedule 1 to the Intellectual Property (Enforcement, etc.) Regulations 2006.

M3 1988 c. 48; sections 114, 204 and 231 were amended by paragraphs 7, 11 and 14 of Schedule 2 to the Intellectual Property (Enforcement, etc.) Regulations 2006 respectively; section 204 was also amended by paragraph 8 of the Schedule to the Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18); and section 231 was also amended by Schedule 4 to the Intellectual Property (Enforcement, etc.) Regulations 2006.

M4 S.I. 2005/2339; regulation 1C was inserted by paragraph 9 of Schedule 3 to the Intellectual Property (Enforcement, etc.) Regulations 2006.