Section 50Part 7 — INFRINGEMENT AND LEGAL PROCEEDINGS
Meaning of "infringing goods", etc.
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In this Law the expression "infringing goods", "infringing material" and "infringing articles" shall be construed as provided in subsections (2), (3) and (4).
Goods are "infringing goods" in relation to a trade mark, if they or their packaging bear a sign identical or similar to that mark and —
the application of the sign to the goods or their packaging was an infringement of the registered trade mark;
the goods are proposed to be imported into the Islands and the application of the sign in the Islands to them or their packaging would be an infringement of the registered trade mark; or
the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.
Material is "infringing material", in relation to a registered trade mark, if it bears a sign identical or similar to that mark and either —
it is used for labeling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trade mark; or
it is intended to be so used and such use would infringe the registered trade mark.
"Infringing article", in relation to a registered trade mark, means an article —
which is specifically designed or adapted for making copies of a sign identical or similar to that mark; and
which is in a person's possession, custody or control, knowing or having reason to believe that it has been or is to be used to produce infringing goods or material.
Defined Terms
infringing goods