Section 53
Order for delivery up of infringing articles, etc.
of Industrial Designs Order, 1999
(1)
The proprietor of an industrial design may apply to the court for an order for the delivery up to him or such other person as the court may direct of –
(a)
any infringing article; or
(b)
anything specifically designed or adapted for the making of any infringing article, knowing or having reason to believe that the thing has been or is to be used to make any infringing article, which that person has in his possession, custody, or control in the course of a business.
(2)
An application under subsection (1) may not be made after the end of the period of six years from the date on which the article or thing was made unless, during the whole or part of that period, the registered owner was under a disability or was prevented by fraud or concealment from discovering the facts entitling him to make the application, in which case an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.
Incorporating amendments until S 3/2020
(Clean version) Norhasnani/fiqah/Karimah_as of 8th June 2020
39
BLUV as at 13th February 2020
(3)
No such order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 54.
(4)
A person to whom any infringing article or thing is delivered up in pursuance of an order under this section shall, if an order under section 54 is not made, retain them pending the making of an order, or the decision not to make an order, under that section.
(5)
Nothing in this section affects any other power of the court.
(6)
In subsection (2), “disability” has the same meaning as in subsection (2) of section 4 of the Limitation Act (Chapter 14).
Order for disposal.