Industrial Designs Act, 2001
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Order for delivery up in criminal proceedings. |
69.—(1) The court may, on conviction of a person or being satisfied that there is a prima facie case to answer, where the court is satisfied that at the time of the arrest or charge the person had in his or her possession, custody or control— | |
(a) in the course of a business, trade or profession, a product, knowing or having reason to believe it to be an infringing product, or | ||
(b) an article, knowing or having reason to believe it to be an infringing article, | ||
order that the infringing product or article be delivered up to the registered proprietor of the design or to such other person as the court may direct. | ||
(2) An order under this section may be made by the court of its own motion, or on the application of the person bringing a prosecution, and may be made whether or not the person accused is convicted of the offence, but shall not be made— | ||
(a) after the expiration of the period specified in subsection (3) of section 71 as being the limit of the period for delivery up, or | ||
(b) where it appears to the court unlikely that any order will be made as to the disposal of the infringing products or articles. | ||
(3) A person to whom an infringing product or article is delivered up pursuant to an order made under this section shall retain it pending the making of a final order or decision not to make an order, as the case may be. |