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CHAPTER 3RULES ON APPLICATIONS UNDER SPECIFIC STATUES

PART VCOPYRIGHT, DESIGNS AND TRADE MARKS

Orders for delivery up, forfeiture, destruction or other disposal

3.5.2  An application to the sheriff made under sections 99, 114, 195, 204, 230, 231 or 298 of the 1988 Act(1), under sections 16 or 19 of the 1994 Act or under Regulation 3 or 5 of the 1995 Regulations, shall be made–

(a)by motion or incidental application, as the case may be, where proceedings have been commenced; or

(b)by summary application where no proceedings have been commenced.

(1)

Section 195 was amended by S.I. 1996/2967. Sections 114, 204 and 231 were amended by the Trade Marks Act 1994, (c.26), Schedule 4, paragraph 8(2).