Page:Copyright Act 2021.pdf/233

234 Failure to bring action—release of seized goods

343.—(1) This section applies if—
 * (a) no infringement action in relation to the seized goods is brought within the claim period; or
 * (b) the Director-General is not informed in writing of the action within the claim period.

(2) The Director-General must release the seized goods to the dealer unless—
 * (a) the Government or any public body is required or permitted by any other law to retain the seized goods; or
 * (b) the seized goods are forfeited to the Government under section 355.

Failure to bring action—compensation for seizure

344.—(1) If no infringement action is brought in relation to the seized goods within the claim period, a person aggrieved by the seizure may apply to the Court for an order of compensation against the requestor.

(2) The Court may order compensation if it is satisfied that the aggrieved person has suffered loss or damage because of the seizure.

Infringement action—orders in relation to seized goods

345.—(1) This section applies if—
 * (a) an infringement action is brought in relation to the seized goods; and
 * (b) the seized goods are not forfeited to the Government under section 355 or released when the action is brought.

(2) The Court may, in addition to granting any other remedy—
 * (a) at any time but subject to subsection (3), order that the seized goods be released to the dealer, either with or without conditions;
 * (b) order that the seized goods must not be released to the dealer before the end of a specified period; or