Page:Copyright Act 2021.pdf/207

208 (2) The Court may order the offending items to be delivered up to the claimant, but only if—
 * (a) the Court also makes a disposal order; or
 * (b) it appears to the Court that there are grounds for making a disposal order.

(3) If the Court orders any offending items to be delivered up to a person under subsection (2), the person must retain the items until the Court decides whether or not to make a disposal order.

Order to dispose of infringing copies, etc.

310.—(1) The Court may order the offending items to be—
 * (a) forfeited to the claimant;
 * (b) destroyed; or
 * (c) otherwise dealt with.

(2) Without limiting subsection (1)(c), a disposal order may require offending items to be sold and the proceeds to be divided between interested persons.

(3) In deciding whether to make a disposal order, and the terms of the order, the Court must consider—
 * (a) whether other remedies would be adequate to compensate the claimant and to protect the claimant’s interests; and
 * (b) the need to ensure that no item is disposed of in a manner that would adversely affect the claimant.

(4) If the Court decides not to make a disposal order after making a delivery up order, the Court—
 * (a) must order that the offending items be returned to the person who was last in possession of the offending items before they were delivered up; and
 * (b) may order the defendant in the infringement action to pay just and equitable damages to the claimant.