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NO. 22 OF 2021
(2) The Court may order the offending items to be delivered up to the claimant, but only if—
- (a) the Court also makes a disposal order; or
- (b) it appears to the Court that there are grounds for making a disposal order.
(3) If the Court orders any offending items to be delivered up to a person under subsection (2), the person must retain the items until the Court decides whether or not to make a disposal order.
Order to dispose of infringing copies, etc.
310.—(1) The Court may order the offending items to be—
- (a) forfeited to the claimant;
- (b) destroyed; or
- (c) otherwise dealt with.
(2) Without limiting subsection (1)(c), a disposal order may require offending items to be sold and the proceeds to be divided between interested persons.
(3) In deciding whether to make a disposal order, and the terms of the order, the Court must consider—
- (a) whether other remedies would be adequate to compensate the claimant and to protect the claimant’s interests; and
- (b) the need to ensure that no item is disposed of in a manner that would adversely affect the claimant.
(4) If the Court decides not to make a disposal order after making a delivery up order, the Court—
- (a) must order that the offending items be returned to the person who was last in possession of the offending items before they were delivered up; and
- (b) may order the defendant in the infringement action to pay just and equitable damages to the claimant.
