HC Deb 08 November 1988 vol 140 cc274-5

The Lords have agreed to the amendment made by the Commons:

To insert a second new clause in place of clause 109:

'.—(1) Where an infringing copy or other article has been delivered up in pursuance of an order under section 94 or 104, or has been seized and detained in pursuance of the right conferred by section 95, an application may be made to the court—

  1. (a) for an order that it shall be forfeited to the copyright 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 copyright would be adequate to compensate the copyright 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 copy or other article, 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 a copy or other article, the court shall make such order as it thinks just and may (in particular) direct that the article 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 copy or other article was before being delivered up or seized is entitled to its return.

(6) References in this section to a person having an interest in a copy or other article 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 of illicit recordings) or (Order as to disposal of infringing article, &c.) of this Act or section 58BA of the Trade Marks Act 1938 (which make similar provision in relation to infringement of rights in performances, design right and trade marks).'

with the following amendment:

No. 3, leave out subsection (1) and insert— '(1) An application may be made to the court for an order that an infringement copy of other article delivered up in pursuance of an order under section 94 or 104, or seized and detained in pursuance of the right conferred by section 95, shall be)—

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

Mr. Forth

I beg to move, That this House doth agree with the Lords in the said amendment.

Madam Deputy Speaker

With this it will be convenient to consider Lords amendments Nos. 8 and 9.

Mr. Forth

The amendments mean that an application for a forfeiture order need not await successful execution of an order for delivery up.

Mr. Austin Mitchell

Once again we support the principle of the amendment. It is right that we should provide a procedure for forfeiture in these cases and that it should be quick, efficient and enforceable. The amendments move in that direction.

Question put and agreed to.

Lords amendments Nos. 8 and 9 agreed to.

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