s 34 Order as to disposal of infringing goods, material or articles
34.—(1) Where infringing goods, material or articles have been delivered up pursuant to an order under section 33, 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 such order should be made. (2) In considering what order (if any) should be made, the Court is to have regard to —(a) whether other remedies available in an action for infringement of the registered trade mark would be adequate to compensate the claimant and protect the interest of the claimant; and[Act 25 of 2021 wef 01/04/2022] (b) the need to ensure that no infringing goods, material or articles are disposed of in a manner that would adversely affect the claimant.[Act 25 of 2021 wef 01/04/2022] (3) Despite subsection (2), where the infringing goods are counterfeit goods, the Court is to order that the goods be destroyed if —(a) the claimant applies to the Court for such an order; and[Act 25 of 2021 wef 01/04/2022] (b) the Court is of the view that there are no exceptional circumstances which justify the refusal of such an order. (4) The Court is to issue directions as to the service of notice on persons having an interest in the goods, material or articles. (5) Any person having an interest in the goods, material or articles is entitled —(a) to appear in proceedings 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 does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (7) Subject to subsection (3), where there is more than one person interested in the goods, material or articles, the Court may direct that the goods, material or articles be sold, or otherwise dealt with, and the proceeds divided, and is to make any other order as it thinks just. (8) If the Court decides that no order should be made under this section, the person in whose possession, custody or control the goods, material or articles were before being delivered up, is entitled to their return.