s 60 Order for disposal of infringing goods, material or articles
(1) Where infringing goods, material or articles have been delivered up pursuant to an order under section 59, an application may be made to the Court— (a) for an order that they be destroyed or forfeited to such person as the Court may think fit; or (b) for a decision that no order under paragraph (a) shall be made. (2) In considering what order, if any, should be made, the Court shall have regard to— (a) whether other remedies available in an action for infringement of the registered trademark would be adequate to compensate the plaintiff and protect his interest; and (b) the need to ensure that no infringing goods, material or articles are disposed of in a manner that would adversely affect the plaintiff. (3) Notwithstanding subsection (2), where the infringing goods are counterfeit goods, the Court shall order that the goods be destroyed if— (a) the plaintiff applies to the Court for such an order; and (b) the Court is of the view that there are no exceptional circumstances which would justify the refusal of such an order. (4) The Court shall issue directions as to the service of notice on persons having an interest in the infringing goods, material or articles. (5) Any person having an interest in the infringing goods, material or articles shall be entitled— (a) to appear in proceedings of an application for an order under this section, whether or not that person is served with notice; and (b) to appeal against any order made, whether or not that person appears in the proceedings. (6) An order made under this section shall not take effect until the end of the period within which a notice of appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or discontinuance of the proceedings on the appeal. (7) Subject to subsection (3), where there is more than one person interested in the infringing goods, material or articles, the Court may direct that the infringing goods, material or articles be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks fit. (8) If the Court decides that no order should be made under this section, the person in whose possession, custody or control of the infringing goods, material or articles were before being delivered up, is entitled to their return.