Section 51Part 7 — INFRINGEMENT AND LEGAL PROCEEDINGS
Period after which remedy for delivery up not available
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Subject to subsection (2), an application for an order under section 49 may not be made after the end of the period of six years from —
in the case of infringing goods, the date on which the trade mark was applied to the goods or their packaging;
in the case of infringing material, the date on which the trade mark was applied to the material; or
in the case of infringing articles, the date on which they were made.
If during the whole or part of that period referred to in subsection (1) the proprietor of the registered trade mark —
is under a disability; or
is prevented by fraud or concealment from discovering the facts entitling the proprietor to apply for an order,
an application may be made at any time before the end of the period of six years from the date on which the proprietor ceased to be under such disability or, as the case may be, could with reasonable diligence have discovered those facts.