No. 4907 Act No. 1, 2012 Government Gazette 23 March 2012 97 INDUSTRIAL PROPERTY ACT, 2012 Meaning of infringing goods 184. For purposes of section 183, “infringing goods” include - (a) goods that are the same or so similar to the goods in respect of which the trade mark is registered that the use of the trade mark on such goods is likely to cause deception or confusion, if the registered trade mark or a mark so closely resembling it as to be likely to deceive or confuse has been applied to or is used, without the authorisation of the owner of the trade mark registration, in relation to such goods manufactured, produced or made without the authority of such owner; and (b) printing plates or other equipment or materials used or intended to be used for applying a registered trade mark without the authorisation of the trade mark owner, or the manufacture, production or making of the unauthorised goods as contemplated in paragraph (a). Order as to disposal of infringing goods 185. (1) Where an order is made for the delivery up of any goods or materials as contemplated in section 183(1), the Tribunal may, if it deems it appropriate in the circumstances, refer such order to the Registrar for his or her consideration and determination under subsection (2). (2) If a referral is made under subsection (1), the Registrar must consider whether or not the infringing trade mark can be removed from those goods and, after the removal of the infringing trade mark, whether or not any of such goods could be re-used without causing prejudice or harm to the owner of the trade mark or a registered licensee or registered user, including prejudice to the distinctive character or repute of the registered trade mark, and if the Registrar comes to the conclusion that such re-use would be possible he or she must refer the matter back to the Tribunal with his or her recommendation for the Tribunal to make an appropriate order. Remedy for groundless threats of infringement proceedings 186. (1) Any person threatened with infringement proceedings who can prove that the acts performed or to be performed by him or her do not constitute infringement of a trade mark may request the Tribunal to grant an interdict to prohibit such threats and award damages for financial loss resulting from the threats. (2) Proceedings under subsection (1) may not be instituted after five years from the date of the threats. (3) The mere notification of the existence of a trade mark registration does not constitute a threat within the meaning of subsection (1). (4) The person making such threats and against whom relief is sought in proceedings under subsection (1) may apply by way of a counterclaim for any relief to which he or she would be entitled in separate proceedings in respect of any infringement by the plaintiff of the trade mark registration to which the threat relates.