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Contents

Chapter VI · Remedies for Infringement

Section 116

(1)

Where, in proceedings under subsection (3) of section 114, the court decides that any goods the subject of a determination under subsection (3) of section 110 are infringing copies imported otherwise than for private and domestic use, it shall make an order that the goods be

(a} forfeited;

(b)

destroyed; or

(c)

otherwise dealt with as it thinks fi.t.

323 2000

Forfeiture of goods by consent.

Powers of court.

Inspection of goods.

(2)

In considering what order should be made under subsection (1) of this section, the court shall have regard to-

(a} whether other remedies available in infringement proceedings would be adequate to compensate the claimant and to protect his interests; and

(b)

the need to ensure that no infringing goods are dealt with in a manner that would adversely affect his interests.

(3)

Where more than one person is interested in any infringing goods, the court may direct that the goods be sold, or otherwise dealt with, and the proceeds divided, or shall make such other order as it thinks fit.

(4)

Where, in proceedings under subsection (3) of section 114, the court decides that any goods the subject of a determination under subsection (3) of section 110 are not infringing copies imported otherwise than for private and domestic use, it may make an order that any person who is a party to the proceedings pay such compensation as it thinks fit to the importer, consignee or owner of those goods.

Report

Chapter VII

Copyright Licensing

Chapter VIII

The Copyright Tribunal

Chapter IX

Qualification for and Extent of Copyright Protection

Chapter X

Miscellaneous and General

Schedules