98 Forfeiture: Scotland
Trade Marks Act 1994 (1994 c 26) | Legislation

98  Forfeiture: Scotland

(1)     In Scotland the court may make an order for the forfeiture of any—

(a)     goods which bear, or the packaging of which bears, a sign identical to or likely to be mistaken for a registered trade mark,

(b)     material bearing such a sign and intended to be used for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods, or

(c)     articles specifically designed or adapted for making copies of such a sign.

(2)     An order under this section may be made—

(a)     on an application by the procurator-fiscal made in the manner specified in [section 134 of the Criminal Procedure (Scotland) Act 1995], or

(b)     where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose.

(3)     On an application under subsection (2)(a), the court shall make an order for the forfeiture of any goods, material or articles only if it is satisfied that a relevant offence has been committed in relation to the goods, material or articles.

(4)     The court may infer for the purposes of this section that such an offence has been committed in relation

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