Industrial Designs Act, 2001
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Order for delivery up in civil cases. |
61.—(1) Where a person in the course of a business, trade or profession has in his or her possession, custody or control infringing products or articles the registered proprietor of the design may apply to the appropriate court for an order that the infringing products or articles 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 subsection (1) of section 71 as being the limit of the period for delivery up and no order shall be made unless the appropriate court also makes, or it appears to the appropriate court that there are grounds for making, an order as to the disposal of an infringing product or article. | ||
(3) A person to whom an infringing product or article is delivered up pursuant to an order made under this section shall, where an order under section 72 as to the disposal of the infringing product or article is not made, retain it pending the making of an order, or the decision not to make an order, under that section. |