Trade Marks Act, 1996
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Period after which remedy of delivery up not available. |
22.—(1) Subject to the provisions of this section, an application for an order under section 20 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 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 in subsection (1) the proprietor of the registered trade mark— | ||
(a) is under a disability, or | ||
(b) is prevented by fraud or concealment from discovering the facts entitling the proprietor 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 the proprietor ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts. | ||
(3) For the purposes of subsection (2) a person is under a disability if he is so for the purposes of the Statute of Limitations, 1957 . |