Section 212
Section 212
(1)
An application may be made to the court for an order that an infringing copy or other article delivered up in pursuance of an order under sections 101 or 209, or seized and detained in pursuance of the right conferred by section 102, shall be –
(a)
forfeited to the copyright owner; or
(b)
destroyed or otherwise dealt with as the court may think fit, or for a decision that no such order should be made.
(2)
An application may be made to the court for an order that an illicit recording of a performance delivered up in pursuance of an order under sections 199 or 209, or seized and detained in pursuance of the right conferred by section 200, shall be –
(a)
forfeited to such person having performer’s rights or recording rights in relation to the performance as the court may direct; or
(b)
destroyed or otherwise dealt with as the court may think fit, or for a decision that no such order should be made.
(3)
In considering what order (if any) should be made under this section, the court shall consider whether other remedies available in an action for infringement of copyright, or of the rights conferred by Part II, would be adequate to compensate the copyright owner, or the person or persons entitled to the rights (as the case may be), and to protect their interests.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
159
BLUV as at 24th December 2013
(4)
The Chief Justice may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, make rules of court relating to the service of notice on persons having an interest in the copy or other articles, or in the recording (as the case may be), and any such person is entitled –
(a)
to appear in proceedings for an order under this section, whether or not he was served with notice; and
(b)
to appeal against any order made, whether or not he appeared, and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal has been given, until the final determination or abandonment of the proceedings on the appeal.
(5)
Where there is more than one person interested in a copy or other article, or in a recording (as the case may be), the court shall make such order as it thinks just and may direct that the article or recording be sold, or otherwise dealt with, and the proceeds divided.
(6)
If the court decides that no order should be made under this section, the person in whose possession, custody or control the copy or other article, or the recording, was before being delivered up or seized is entitled to its return.
(7)
References in this section to a person having an interest in a copy or other article, or in a recording, include any person in whose favour an order could be made in respect of it under this section or under section 21 of the Emergency (Trade Marks) Order, 1999.
General
Regulations.