Copyright and Related Rights Act, 2000
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Order for delivery up. |
131.—(1) Where a person— | |
(a) in the course of a business, trade or profession, has in his or her possession, custody or control an infringing copy of a work, | ||
(b) has in his or her possession, custody or control an article specifically designed or adapted for making copies of a copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies, or | ||
(c) has in his or her possession, custody or control a protection-defeating device, | ||
the owner of the copyright in the work may apply to the appropriate court for an order that the infringing copy, article or device be delivered up to him or her or to such other person as the court may direct. | ||
(2) An application under subsection (1) shall not be made after the expiration of the period specified in section 144 (1) as being the limit of the period for delivery up 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 as to the disposal of the infringing copy, article or device. | ||
(3) A person to whom an infringing copy, article or device is delivered up pursuant to an order made under this section shall, where an order under section 145 as to the disposal of the infringing copy, article or device is not made, retain it pending the making of an order, or the decision not to make an order, under that section. |