Copyright Order, 1999 · As enacted · Chapter VI · Remedies for Infringement
Section 113
Official textFrom Attorney General's Chambers, unchanged
Where an officer of customs has formed an opinion that any goods that have been imported and are under customs control may be goods to which a notice given under subsection (1) of section 109 relates, those goods shall forthwith be detained by him until-
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{a} the Controller of Customs has been served with an order made in proceedings under subsection (1) of section 114
that the notice be discharged;
the Controller of Customs has been served with an order made in proceedings under subsection (2) of section 114
that the goods be released;
{c)
any proceedings under subsection (3) of section 114
(including any appeal) have been determined by a decision that the goods are not infringing copies;
any proceedings under subsection [3) of section 114
(including any appeal) have been abandoned; or
{e) ten days have elapsed since notice was served under section 112 and the Controller of Customs has not been served
Detention of infringing goods.
Proceedings in respect of infringing copies.
with notice of proceedings brought under subsection (3) of section 114 by any person other than the importer or consignee, whereupon the goods shall, subject to subsection (5) of this section, be released to the person entitled to them.
An officer of customs may refuse to detain goods under this section unless -
the claimant has deposited with the Collector of
Customs a sum of money that, in the opinion of the Collector of Customs, is sufficient to reimburse the Government for any liability or expense it is likely to incur as a result of the detention of the copies; or
the claimant has given security, to the satisfaction of the Collector of Customs, for the reimbursement of the
Government for any such liability or expense.
If the reasonable expenses incurred by the Collector of
Customs in relation to any action taken by him under this section, or taken in accordance with an order of the court under this Order exceed the amount deposited or the amount of the security given under subsection (2), the amount of the excess is a debt due to the
Government by the claimant, or, if there are two or more claimants, by the claimants jointly and severally.
The Controller of Customs may, in any particular case, extend the period referred to in paragraph (e) of subsection (1) of this section to twenty days if he considers it appropriate to do so in all the circumstances.
The Controller of Customs shall not release any goods under subsection [1) of this section unless -
any other legal requirements as to importation of the goods have been met;
any requirements under subsection (2} relating to the deposit of money or the giving of security have been met; and
the release of the goods would not be otherwise contrary to any law.
Chapter VII
Copyright Licensing
Chapter VIII
The Copyright Tribunal
Chapter IX
Qualification for and Extent of Copyright Protection
Chapter X