Section 55
Actions for infringement of grant of protection
of Plant Varieties Protection Act
(1)
The Court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject matter of the action, allow the person to be joined as a defendant to the action.
(2)
An authorised officer is entitled to be heard on the hearing of an infringement action.
(3)
In addition to any relief that may be granted apart from this section, the Court may —
(a)
at any time, order that the seized goods be released to the importer subject to such conditions, if any, as the Court thinks fit;
Plant Varieties Protection 42
(b)
order that the seized goods not be released to the importer before the end of a specified period; or
(c)
order that the seized goods be forfeited to the Government.
(4)
A Court may not make an order under subsection (3)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other written law to retain control of the seized goods.
(5)
The Controller shall comply with an order made under subsection (3).
(6)
If —
(a)
the action is dismissed or discontinued, or if the Court decides that the relevant protected plant variety was not infringed by the importation of the seized goods; and
(b)
a defendant to the infringement action satisfies the Court that he has suffered loss or damage as a result of the seizure of the goods, the Court may order the objector to pay compensation in such amount as the
Court thinks fit to that defendant.