Industrial Designs Act, 2001
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Order as to disposal of infringing product or article. |
72.—(1) An application may be made to the court for an order that an infringing product or article— | |
(a) delivered up under section 61 or 69, or | ||
(b) seized and detained under section 62 or 70 , | ||
shall be— | ||
(i) forfeited to the registered proprietor, or | ||
(ii) destroyed or otherwise dealt with as the court may direct, | ||
and the court may make such an order or such other order as it thinks fit. | ||
(2) In considering what order, if any, should be made under subsection (1) the court shall consider whether other remedies available in an action for infringement of the design right would be adequate to compensate the registered proprietor and to protect his or her interests. | ||
(3) Provision shall be made by rules of the court as to the service of notice on persons having an interest in the products or articles concerned, and any such person may— | ||
(a) appear in proceedings for an order under this section whether or not he or she was served with notice, or | ||
(b) appeal against any order made, whether or not he or she appeared in the proceedings concerned. | ||
(4) An order made under this section shall not take effect until the expiration of the period within which notice of an appeal may be given, or, where before the expiration of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. | ||
(5) Where there is more than one person interested in a product or article, the court shall make such order as it thinks fit and may direct the product or article to be sold or otherwise dealt with and any proceeds divided in accordance with the direction of the court. | ||
(6) Where the court decides that no order shall be made under this section, the person who had the product or article in his or her possession, custody or control immediately before it was delivered up or seized shall be entitled to its return. | ||
(7) References in this section to a person having an interest in a product or article include any person in whose favour an order may be made under this section in respect of the product or article or under section 145 or 264 of the Copyright and Related Rights Act, 2000 , or under section 23 of the Trade Marks Act, 1996 . |