Period after which remedy for delivery up not available

(1) An application for an order under section 51 of this Act (order for delivery up of infringing goods, material or articles) 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 (c) in the case of infringing articles, the date on which they were made, except as mentioned in the next following provisions. (2) If during the whole or part of that period 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 him to apply for an order, 47 an application may be made at any time before the end of the period of six years from the date on which he ceased to be under such disability or, as the case may be, could with reasonable diligence have discovered those facts. (3) In subsection (2) of this section, “disability” has the same meaning as in section 28 of the Limitation Act, Cap. 170.