TRADE MARKS ORDINANCE
(2) Notwithstanding section 48 (date of registration), no infringement proceedings may be begun before the date on which the trade mark is in fact entered in the register.
(3) In infringement proceedings all such relief by way of damages, injunctions, accounts or otherwise shall be available to the owner of a registered trade mark as is available in respect of the infringement of any other property right.
23. Order for delivery up
(1) The owner of a registered trade mark may apply to the court for an order for the delivery up to him, or such other person as the court may direct, of any infringing goods, material or articles which a person has in his possession, custody or control in the course of a trade or business.
(2) No application may be made under subsection (1) after the end of the period referred to in section 24 (limitation on order for delivery up).
(3) Where the court makes an order under subsection (1), it shall also make an order under section 25 (order for disposal) unless it determines that there are grounds for not making such an order.
(4) A person to whom any infringing goods, material or articles are delivered up pursuant to an order made under subsection (1) shall, if an order under section 25 is not made at the time of the making of the order under subsection (1), retain them pending the making of an order under section 25 or the decision of the court not to make such an order.
(5) Nothing in this section affects any other power of the court.
24. Limitation on order for delivery up
(1) Except as mentioned in subsection (2), an application for an order under section 23 (order for delivery up) may not be made after the end of the period of 6 years beginning on—
- (a) in the case of infringing goods, the date on which the trade mark was applied to the goods or their packaging;
- (b) in the case of infringing material, the date on which the trade mark was applied to the material; or
- (c) in the case of infringing articles, the date on which they were made.
(2) If during the whole or part of the period referred to subsection (1) the owner of the registered trade mark—
- (a) is under a disability; or
- (b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,
