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(a) has an infringing copy of a work in his possession, custody or control in the course
of a trade or business; or
(b) has in his possession, custody or control an article specifically designed or adapted
for making copies of a particular copyright work;
the court may, on the application of the owner of the copyright in the work, order that the
infringing copy or the article be forfeited and delivered up to the owner of the copyright.
Restriction on importation of infringing copies
27.—(1) The owner of the copyright in a literary or musical work, compilation,
audiovisual work or sound recording, may, if the work has been published, give notice in
writing to the Controller of Customs—
(a) that he is the owner of the copyright in the work; and
(b) that he requests the Controller to treat as prohibited goods, during the period
specified in the notice, copies of the work which are infringing copies.
(2) The period specified in a notice under subsection (1) shall not exceed—
(a) five years; or
(b) the remainder of the duration of the copyright;
whichever is less.
(3) The Controller of Customs may require a notice given to him under this section to
be supported by such evidence as he thinks necessary.
(4) Where the Controller of Customs is satisfied that there is a reasonable probability
that attempts may be made to import infringing copies of the work, and that it is in the public
interest that the copies be made prohibited imports—
(a) he shall issue a notice in the Gazette to the effect that, during a specified period
(being a period not longer than that specified in the application) infringing copies of the work
concerned shall be prohibited imports; and
(b) during the period so specified—
(i) a person shall not import infringing copies of the work concerned, otherwise than
for his private and domestic use; and
(ii) any infringing copy imported in contravention of subparagraph (i) shall be subject
to forfeiture.
Offences
28.—(1) Any person who during the subsistence of copyright in a work—
(a) makes for sale or hire any infringing copy;
(b) sells, lets for hire or by way of trade, exposes or offers for sale or hire any
infringing copy;
(c) distributes infringing copies;
(d) possesses, otherwise than for his private and domestic use, any infringing copy;