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Order for disposal of infringing copies, etc.

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) An application may be made to the court for an order that an infringing copy or other object delivered up pursuant to an order made under section 120 be —(a)forfeited to the plaintiff; or(b)destroyed or otherwise dealt with as the court thinks fit. (2) In considering what order, if any, should be made under this section, the court shall have regard to —(a)whether other remedies available in an action for infringement of copyright would be adequate to compensate the plaintiff and to protect the interests of the plaintiff; and(b)the need to ensure that no infringing copy is disposed of in a manner that would adversely affect the plaintiff. (3) The court shall issue directions as to the service of notice on persons having an interest in the copy or other object. (4) Any person having an interest in the copy or other object is entitled —(a)to appear in proceedings for an order under this section, whether or not that person is served with notice; and(b)to appeal against any order made, whether or not that person appears in the proceedings. (5) An order made under this section shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) Where there is more than one person interested in a copy or other object, the court may direct that the copy or object be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just. (7) If the court decides that no order should be made under this section, the person in whose possession the copy or other object was before being delivered up shall be entitled to its return, and the court may order the defendant to pay to the plaintiff such damages as the court thinks just and equitable.

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