Order for delivery up of infringing goods, material or articles

(1) The proprietor 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 material or infringing goods, articles which a person has in his possession, custody or control in the course of a business. (2) An application shall not be made after the end of the period specified in section 53 of this Act (period after which remedy for delivery up not available), and no order shall be made unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 54 of the Act (order as to disposal of infringing goods, etc.). (3) A person to whom any infringing goods, material or articles are delivered up in pursuance of an order under this section shall, if an order under section 54 of this Act is not made, retain them pending the making of such order, or the decision not to make an order under that section. (4) Nothing in this section affects any other power of the Court. 45