Industrial Design
[No. 22 of 2016 543
65. (1) An application may be made by a proprietor or a
licensee to the court for—
(a) an order that a product or article embodying a registered
design be delivered up in accordance with section sixtyfour, be forfeited to the proprietor or exclusive licensee,
destroyed or disposed of as the court considers
appropriate, in accordance with laws relating to public
health and the environment; or
(b) a decision that no order be made under paragraph (a).
(2) In deciding what order or decision to make under subsection
(1), the court shall have regard to whether other remedies available
would be adequate to compensate the proprietor or licensee and
protect the interests of the creator or licensee.
(3) The court shall issue directions as to the service of notice
on persons having an interest in a product or article, embodying a
registered design, which has been delivered up.
(4) A person having an interest in a product or article which
embodies a registered design, which has been delivered up shall be
entitled to—
(a) appear in proceedings for an order under this section,
whether or not the person is served with notice; and
(b) appeal against any order made, whether or not that person
appears in the proceedings.
(5) An order made in accordance with this section 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.
(6) Where there is more than one person interested in the
product or article, embodying a registered design, delivered up, the
court may direct that the product or article be sold, or otherwise
dealt with, and the proceeds divided, subject to any agreement, and
shall make any other order as it considers appropriate.
(7) If the court decides that no order should be made in
accordance with this section, the person in whose possession,
custody or control the product or article, embodying a registered
design, was before being delivered up is entitled to its return.
Order for
forfeiture,
destruction
and disposal