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Application to District Court for seizure of infringing products or articles.
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62.—(1) Where the registered proprietor of a design applies to the District Court, it may, where satisfied that there are reasonable grounds for believing that there are being hawked, carried about or marketed infringing products or articles, authorise by order a member of the Garda Síochána accompanied by such other members of the Garda Síochána or other person or persons as that member thinks proper, to seize without warrant the products or articles and to bring them before the District Court.
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(2) On being satisfied that any product or article referred to in subsection (1) is an infringing product or article the District Court may order the product or article to be destroyed or to be delivered up to the registered proprietor or otherwise dealt with as the Court may think fit.
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(3) In an application to the District Court under subsection (1) or, in any ex parte application or interlocutory motion to a court of competent jurisdiction for an order which would permit the applicant to enter and search a premises or place specified in that order and take possession of material found in those premises or that place on terms set out in such order, the court hearing such an application may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location.
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(4) A witness or deponent shall not be obliged to indicate the source of the information upon which that witness formed the belief that material may be found in a particular location.
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(5) After the implementation of an order made under this section, the appropriate court may, on the application of a person aggrieved by it, award damages against the applicant for the order as it considers just, on being satisfied that—
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(a) no infringement of design right has been established, and
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(b) the information on which the registered proprietor applied for the order was given maliciously.
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