Industrial Designs Order, 1999 · s 54

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54.
( 1)
Where any infringing article or thing has been delivered up
Order for in pursuance of an order under section 53, an application may be disposal.
made to the court -
(a} for an order that they be destroyed or forfeited to such person as the court may think fit; or
{b) for a decision that no such order should be made.
(2)
In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement would be adequate to compensate the registered owner and any licensee and protect their interests.
91

Declaration as to non-infringement.
Certificate of contested validity of registration.
!3)
Provision may be made by rules of court as to the service of notice on persons having an interest in the articles or thing, and any such person is entitled
(a) to appear in proceedings for an order under this section, whether or not he was served with notice; and
(b) to appeal against any order made, whether or not he appeared, and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal has been given, until the fmal determination or abandonment of the proceedings on the appeal.
!4)
Where there is more than one person interested in the article or thing, the court shall make such order as it thinks just.
!5) If the court decides that no order should be made under this section, the person in whose possession, custody or control the article or thing was before being delivered up is entitled to its return.
!6)
References in this section to a person having an interest in any article or thing include any person in whose favour an order could be made under this section or under any law which makes similar provision in relation to the infringement of trade marks, copyright, rights in performances or industrial design rights.

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s 54( 1)

Where any infringing article or thing has been delivered up

Order for in pursuance of an order under section 53, an application may be disposal.

made to the court -

(a} for an order that they be destroyed or forfeited to such person as the court may think fit; or

{b) for a decision that no such order should be made.

(2)

In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement would be adequate to compensate the registered owner and any licensee and protect their interests.

Declaration as to non-infringement.

Certificate of contested validity of registration.

!3)

Provision may be made by rules of court as to the service of notice on persons having an interest in the articles or thing, and any such person is entitled

(a)

to appear in proceedings for an order under this section, whether or not he was served with notice; and

(b)

to appeal against any order made, whether or not he appeared, and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal has been given, until the fmal determination or abandonment of the proceedings on the appeal.

!4)

Where there is more than one person interested in the article or thing, the court shall make such order as it thinks just.

!5) If the court decides that no order should be made under this section, the person in whose possession, custody or control the article or thing was before being delivered up is entitled to its return.

!6)

References in this section to a person having an interest in any article or thing include any person in whose favour an order could be made under this section or under any law which makes similar provision in relation to the infringement of trade marks, copyright, rights in performances or industrial design rights.