HC Deb 25 July 1988 vol 138 cc84-5

'(1) Where an infringing article or other thing has been delivered up in pursuance of an order under section 222, an application may be made to the court—

  1. (a) for an order that it shall be forfeited to the design right owner or destroyed or otherwise dealt with as the court may think fit, or
  2. (b) for a decision that no such order should be made.

(2) In considering what order (if any ) should be made, the court shall consider whether other remedies available in an action for infringement of design right would be adequate to compensate the design right owner and to protect his interests.

(3) Provision shall be made by rules of court as to the service of notice on persons having an interest in the article or other thing, and any such person is entitled—

  1. (a) to appear in proceedings for an order under this section, whether or not he was served with notice, and
  2. (b) to appeal against any order made, whether or not he appeared;
and an order 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.

(4) Where there is more than one person interested in an article or other thing, the court shall make such order as it thinks just and may (in particular) direct that the thing be sold, or otherwise dealt with, and the proceeds divided.

(5) If the court decides that no order should be made under this section, the person in whose possession, custody or control the article or other thing was before being delivered up or seized is entitled to its return.

(6) References in this section to a person having an interest in an article or other thing include any person in whose favour an order could be made in respect of it under this section or under section (Order as to disposal infringing copy or other article) or (other as to disposal of illicit recordings) of this Act or section 58BA of the Trade Marks Act 1938 (which make similar provision in relation to infringement of copyright, rights in performances and trade marks).'.—[Mr. Butcher.]

Brought up, read the First and Second time, and added to the Bill.

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