Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 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.