HC Deb 25 July 1988 vol 138 c205

Amendment made: No. 189, in page 99, line 8, leave out from 'question' to end of line 13 and insert 'may apply to the court for an order that the infringing article or other thing be delivered up to him or to such other person as the court may direct. (2) An application shall not be made after the end of the period specified in the following provisions of this section; and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section(Order as to disposal of infringing article, &c). (3) An application for an order under this section may not be made after the end of the period of six years from the date on which the article or thing in question was made, subject to subsection (4). (4) If during the whole or any part of that period the design right owner—

  1. (a)is under a disability, or
  2. (b)is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,
an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts. (5) In subsection (4) "disability"—
  1. (a)in England and Wales, has the same meaning as in the Limitation Act;
  2. (b)in Scotland, means legal disability within the meaning of the Prescription and Limitation (Scotland) Act 1973;
  3. (c)in Northern Ireland, has the same meaning as in the Statute of Limitations (Northern Ireland) 1958.
 (6) A person to whom an infringing article or other thing is delivered up in pursuance of an order under this section shall, if an order under section(Order as to disposal of infringing article, &c.)is not made, retain it pending the making of an order, or the decision not to make an order, under that section. (7) Nothing in this section affects any other power of the court.'.—[Mr. Butcher.]

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