Copyright and Related Rights Act, 2000
|
Chapter 14 Delivery up and Disposal | ||
|
Period after which remedy for delivery up is not available. |
144.—(1) Subject to subsection (2), an application for an order under section 131 may not be made after the expiration of 6 years from the date on which the infringing copy, article or device was made. | |
(2) Where, during the whole or any part of the period referred to in subsection (1), the copyright owner— | ||
(a) is under a disability, or | ||
(b) is prevented by fraud or concealment from discovering the facts entitling him or her to apply for an order, | ||
an application under section 131 may be made at any time before the expiration of 6 years from the date on which the applicant ceased to be under a disability, or, as the case may be, could, with reasonable diligence, have discovered those facts. | ||
(3) An order for delivery up in criminal proceedings under section 142 shall not, in any case, be made after the expiration of 6 years from the date on which the proceedings under that section were initiated. | ||
(4) Where, in any proceedings for an order for delivery up under section 131 or 142, the date of the making of the infringing copy, article or device is put into question by the defendant, the onus of proof shall be on the defendant that the infringing copy, article or device was made more than 6 years before the date on which an application for an order under section 131 was made or proceedings under section 142 were initiated. |