Section 116
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 fit.
(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.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
87
BLUV as at 24th December 2013
Inspection of goods.