Page:Copyright Act 2021.pdf/235

236 Infringement action—compensation if action dismissed, etc.

347.—(1) This section applies if—
 * (a) an infringement action is brought in relation to the seized goods;
 * (b) the action is dismissed or discontinued, or the Court decides that the importation or making of the seized goods is not a rights infringement; and
 * (c) the Court is satisfied that the defendant has suffered loss and damage because of the seizure.

(2) The Court may order the requestor to pay compensation to the defendant.

Infringement action—further provisions

348.—(1) If an infringement action is brought in relation to seized goods, the Court may, on the application of a person having sufficient interest in the seized goods, allow the person to be joined as a defendant.

(2) A customs officer has the right to be heard in an infringement action relating to seized goods.

Security for request to seize or continue detention

349.—(1) A person who makes a request to seize or a request to continue detention must—
 * (a) deposit with the Director-General a sum of money that, in the Director-General’s opinion, is enough for the purposes in subsection (2); or
 * (b) give security, in a form and for an amount satisfactory to the Director-General, for the purposes in subsection (2).

(2) The purposes are to—
 * (a) reimburse the Government for any liability or reasonable expense that the Government is likely to incur in relation to