Section 210K

Any infringing copy of a work seized pursuant to this Order, shall be deemed to be forfeited at the expiration of one calendar month from the date of seizure, unless a claim thereto is made before that date in the manner set out in this section.

Any person asserting that he is the owner of any seized infringing copy of a work and that the same are not liable to forfeiture may personally or by his agent authorised in writing give written notice to the Commissioner of Police of his claim.

On receipt of such notice, the Commissioner of Police may, subject to any direction of the Public Prosecutor –

The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the infringing copy of a work and the person from whom they were seized to appear before it and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and if satisfied on the balance of probabilities that an offence has been committed and that such infringing copy of a work was the subject matter or was used in the commission of such offence, shall order the same to be forfeited, or if it is not so satisfied, order the release of the same infringing copy of a work to the person entitled to it.

Any infringing copy of a work forfeited or deemed to be forfeited shall be delivered to the Commissioner of Police who shall dispose of it in a manner he thinks fit or may deliver it up to the first owner of copyright in question, his assignee or exclusive licensee, as the case may be.

Proportional examination of articles seized to be accepted. [S 92/2013]